JUDGMENT

D. Dash, J. - The Appellant, by filing this Second Appeal, under Section 100 of the Civil Procedure Code (for short, 'the Code') has assailed the judgment dated 12.01.2005 followed by the decree passed by the learned Additional District Judge, Nabarangpur in Title Appeal No.25 of 2000 in the First Appeal filed under section 96 of the Code. By the same, the First Appeal having been dismissed, the Court below has confirmed the judgment and decree dated 29.04.2000 and 11.5.2000 respectively passed by the learned Civil Judge, Senior Division, Nabarangpur in Title Suit No.12 of 1996.

2. Be it stated here that the Appellant (Plaintiff) having died during pendency of this Appeal, his legal representatives have come to be substituted and are now pursuing the present Appeal against the Respondent (Defendant).

3. 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.

4. The Plaintiff has filed the Suit for declaration of his right, title and interest over the suit land with further prayer of recovery of possession.

It is his case that one Goria Kandha, a member of Scheduled Tr