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 31.03.2015 and 15.04.2022 respectively passed by the learned District Judge, Ganjam, Berhampur in RFA No.59 of 2014.

By the same, the Appeal filed by these Appellant and her mother, being the unsuccessful Plaintiffs, under section 96 of the Code has been dismissed and thereby the judgment and decree dated 19.08.2014 and 28.08.2014 respectively passed by the learned Civil Judge, Junior Division, Berhampur in Civil Suit No.459 of 2012 have been confirmed.

The Appellant and her mother being thus non-suited, in view of the death of the mother of Appellant (co-appellant), this Appeal has been filed by the surviving unsuccessful Plaintiff as the sole Appellant.

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 during the life time of Duryodha Sahu, the father of Plaintiff No.1 and husband of Plaintiff No.2, the suit land was in his occupation and enjoyment.