JUDGMENT

B.P.Routray, J.

Heard Mr. Mohanty, learned counsel for the Appellants and Mr. Das, learned Senior Counsel for the Respondent.

2. The Appellants are the defendants. The original plaintiffs were two wives of Langa Majhi. Present Respondent being the daughter of Langa Majhi was substituted upon death of both the plaintiffs. Suit Scheduled-'B' lands were originally belonging to Langa Majhi. Plaintiff's case is that, the father of original defendant and after him the defendants are in forcible possession of suit Schedule-B lands and they accordingly prayed for declaration of their right, title, interest and possession over the suit Scheduled-'B' lands along with mesne profit.

3. The case of the defendants is that the suit land was purchased by Madhu Majhi, the father of original defendant on 8th February 1947 on payment of consideration amount of Rs.3,500/-. The concerned 'Chukti-Patra' (conditional sale deed) has been produced under Ext.A.

4. Learned Trial Court dismissed the suit against the plaintiff confirming the sale under Ext.A in favour of the father of original defendant by Langa Majhi. Plaintiff carried the same in appeal before the District Judge, Baripada in Title Appeal