Judgment :

1. This Second Appeal has been preferred against the confirming judgment.

When during the pendency of the Second Appeal, the appellant (defendant No.1-Dwari Swain) expired, then his LRs have been substituted in his place as appellants.

The respondent No.2 of this Second Appeal was the defendant No.2 before the Trial Court in the suit vide T.S. No.57 of 1988 and she was the respondent No.2 before the First Appellate Court in the First Appeal vide T.A. No.24 of 1991.

4 . The case of the plaintiff in his suit vide T.S. No.57 of 1988 before the Trial Court was that, the suit property is the southern portion Ac.0.40 decimals of sabik Plot No.1227/1720 under sabik Khata No.65 of village Bhuinpur under Sadar Police Station of Dhenkanal district specifically described in the sketch map attached to the plaint.

In a family partition between the plaintiff and the defendant No.2 through a suit for partition vide T.S. No.37 of 1968, the suit property fell into the share of the plaintiff. For which, the plaintiff is the exclusive owner and in possession over the suit property. The defendant No.1 (appellant of this Second A