JUDGMENT :

D. Dash, J.

The Appellants, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), have assailed the judgment and decree dated 05.05.2000 & 21.06.2000 respectively passed by the learned District Judge, Sambalpur, in Title Appeal No.18 of 1998.

By the same, the Appeal filed by the present Respondent, being the unsuccessful Plaintiff under section 96 of the Code has been allowed and thereby the judgment and decree passed by the learned Civil Judge, Junior Division, Sambalpur in Title Suit No.67 of 1996 have been set aside and the suit filed by the Respondent, as the Plaintiff, against the Appellants arraigning them as the Defendants has been decreed.

It may be stated here that during pendency of the First Appeal, the present Respondent having died, his legal representatives have come on record and 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 Trial Court.

3. The Plaintiff’s case is that the suit land, which is a Basti plot, was in possession of his father, namely, Krupa Pattanaik during his