JUDGMENT :

The original Appellant, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short, ‘the Code’), has assailed the judgment and decree dated 30.07.1992 and 14.08.1992 respectively passed by the learned District Judge, Koraput, Jeypore in title Appeal No. 27 of 1991.

By the same, the Appeal filed by the present Respondent (Plaintiff) under section 96 of the Code has been allowed whereby the judgment and decree dated 14.08.1991 and 24.08.1991 respectively passed by the learned Munsif, Koraput in Title Suit No.36 of 1991 have been set aside and the suit filed by the Appellant, as the Plaintiff, has been dismissed and thus, he has been non-suited.

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 Suit.

3. The Plaintiffs’ case is that one Sribachha Mishra was the owner of the suit land described in Schedule-A of the plaint. He had entrusted the Plaintiff for looking after of his immovable property including the suit land and permitted him to construct a house on the land and stayed therein. The Plaintiff was residing in that land at Semiliguda ti