JUDGMENT :

D. Dash, J.

The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), has assailed the judgment and decree dated 15.07.2005 & 23.07.2005 respectively passed by the learned District Judge, Keonjhar, in R.F.A. No.61 of 2004.

By the same, the Appeal filed by the Respondent Nos.1 & 2, being the unsuccessful Plaintiffs under section 96 of the Code has been allowed and thereby the judgment and decree dated 25.09.2004 & 14.10.2004 respectively passed by the learned Civil Judge, Senior Division, Keonjhar in Title Suit No.54 of 2001 dismissing the suit filed by these Respondents Nos.1 and 2 (Plaintiffs) have been set aside and finally, the right, title, interest and these Respondents (Plaintiffs) over the suit land and their right to recover the possession of the same have been granted.

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 Trial Court.

3. The Plaintiffs’ case is that the suit land originally stood recorded in the name of Dulal Mahanta, who is their ancestor and died prior to the 1927. He had two sons,