JUDGMENT

D. Dash, J. - The Appellant, by filing this Appeal under Section 100 Civil Procedure Code (for short, 'the Code'), has assailed the judgment and decree passed by the learned Additional District Judge, Jharsuguda in R.F.A. (T.S.) No.1 of 2004.

By the said judgment and decree, the First Appeal filed by the present Respondents, who had been unsuccessful in the suit, has been allowed. The judgment and decree dated 29.11.2003 and 10.12.2003 respectively passed by the learned Civil Judge (Junior Division), Jharsuguda in T.S. No.19 of 2002, filed by the present Appellant as the Plaintiff have been set aside.

The Appellant as the Plaintiff having got the decree against the Respondents-Defendants as to declaration of her right, title, interest and confirmation of possession; has now been non-suited by the lower Appellate Court.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

3. The Plaintiffs' case is that one Brundabati, wife of Bansidhar and Rangabati, wife of Hrudananda Naik were the original recorded tenants in respect of the suit land. Brundabati died issueless