JUDGMENT :

A.K. Rath, J.

This is a plaintiffs' appeal against confirming judgment in a suit for declaration of title by way of adverse possession.

2. The case of the plaintiffs is that sabak khata no.1, sabak plot no.418 of mouza-Demal was recorded in the name of the Raja of Aul, ex-landlord. The father of the plaintiffs belonged to scheduled tribe. He had no landed property. He approached the ex-landlord to lease out the suit land in his favour. The ex-landlord orally permitted him to construct a residential house over a portion of the land and cultivate the rest portion. He was in possession of the land since 1932. He had constructed a residential house over a portion of the land and cultivated the vacant land. While the matter stood thus, the estate vested in the State in the year 1957. During settlement operation, he requested the settlement authorities to record the suit land in his name. The settlement authorities made an enquiry and found that he was in possession of the land. The Amin submitted report on 8.1.1979. The settlement authorities had issued draft khatian in his name. But then the final ROR had been wrongly published in the name of the State. Their father died in 26.