Judgment :

A.C. Behera, J.

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

2 . The appellant-Dwari Swain of this Second Appeal was the defendant No.1 before the Trial Court in the suit vide T.S. No.57 of 1988 and he was the appellant before the First Appellate Court in the First Appeal vide T.A. No.24 of 1991.

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.1 of this Second Appeal was the sole plaintiff before the Trial Court in the suit vide T.S. No.57 of 1988 and he was the respondent No.1 before the First Appellate Court in the First Appeal vide T.A. No.24 of 1991.

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.

3 . The suit of the plaintiff (respondent No.1 in this Second Appeal i.e. Sibaram Swain) before the Trial Court vide T.S. No.57 of 1988 was a suit for declaration of right,