JUDGMENT :

S. Muralidhar, J.

1. This appeal by the Orissa State Housing Board (OSHB), Bhubaneswar is directed against an order dated 19th November, 1999 passed by the learned Single Judge of this Court in First Appeal (FA) No.260 of 1997. By the said impugned judgment, the learned Single Judge set aside the judgment dated 7th August, 1997 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Original Suit (O.S.) No.333 of 1993–I filed by the present Appellant as a Plaintiff against the Respondent No.1/Defendant No.1 (who was the Appellant in FA No.260 of 1997).

Background facts

2. The aforementioned suit had been filed by the OSHB for a declaration of title in respect of land admeasuring Ac.7.500 decimal in District Khurda, Mouza Chandrasekharpur [which is now within the Bhubaneswar Municipal Corporation (BMC) limits] under Sabak Khata No.303, Plot No.218, out of a larger area of Ac. 184.018 dec of a 1931 settlement which corresponds to Sabak Khata No.472 Plot No.258 and which further corresponds to Hal Khata No.619 Plot No.258/2020 (hereafter ‘the land in question’).

3. The case of the Appellant is that the land in question was Kisam ‘Jhati Jungle’ as recorded in the Reco