JUDGMENT

1. The Appellant, by filing this Appeal under Section 100 Civil Procedure Code (for short, 'the Code'), has assailed the judgment and decree dated 20.11.2004 and 04.12.2004 respectively passed by the learned Ad hoc Additional District Judge (Fast Track), Khurda in Title Appeal No.18/4 of 2004-2001.

By the said judgment and decree, while allowing Appeal filed by the present Respondent (Defendant) under section 96 of the Code, the judgment and decree dated 11.12.2000 and 05.01.2001 respectively passed by the learned Civil Judge (Junior Division), Banpur in Title Suit No.13 of 1995, have been set aside.

The Appellant-Plaintiff has been non-suited in the suit that he had filed against the Respondent (Defendant No.1) for her eviction from the suit premises, claiming arrear rent as damage. It may be stated here that the original Appellant (Plaintiff) having died, now his legal heirs, having come on record, are pursuing this Appeal.

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 Plaintiff's case is that he is the landlord in respect of the suit premises.