JUDGMENT

B.P. Routray, J. - The unsuccessful Plaintiffs are the Appellants before this Court. They challenge the concurrent refusal to grant relief to them by both the courts below.

2. The original Plaintiff, namely, Sri Karanam Taudu filed C.S. No.04/2005 before the learned Civil Judge (Sr. Divn.), Parlakhemundi with the prayer as follows:

'(a) To pass a decree in favour of the Plaintiff and against the Defendants declaring that, the Plaintiff is entitled to remaining portion of Khata No.486, Plot No.8304 after deducting 31/2 cents of lands gifted by the Plaintiff to the Defendant No.2, alternatively the Defendants be directed to pay the compensation as per rule to the Plaintiff,

(b) To grant cost of the suit and to grant such other reliefs as deemed fit, in the interest of justice.'

3. Present Appellants were substituted upon death of the original Plaintiff as his LRs.

4. The case of the Plaintiff is that he was the right, title owner of the lands in Sabik Patta No.407, Survey No.333/8 measuring Ac.0.25 decimals under Kasinagar Khaspa (mouza) and he gifted Ac.0.031/2 decimals of land out of the same in favour of the Forest Department for construction of staff quarters by executing Regi