JUDGMENT :

SASHIKANTA MISHRA, J.

The legal heirs of the original plaintiff in OS No.136/85-I of the Court of learned Munsif, Bhadrak are before this Court questioning the correctness of the judgment passed by learned Additional District Judge, Bhadrak in Title Appeal No.75/227 of 1986/87 on 27.03.1990 followed by decree, whereby the judgment dated 12.11.1986 passed by the Trial Court in the aforementioned suit followed by decree, was reversed.

2. For convenience, the parties are referred to as per their respective status before the Trial Court.

3. The original plaintiff’s case is that the suit land originally belonged to the ex-landlord Habibur Reheman, who executed an unregistered lease deed in his favour on 13.06.1943 and delivered possession. Since then, the plaintiff paid rent to the ex-landlord and reclaimed the suit land. He grew paddy and other vegetables over the vacant land and also excavated a tank on a portion for pisciculture. He also constructed a farm house over the suit land. Being in possession for more than 40 years, he claims to have acquired occupancy right. After vesting of estates, the plaintiff paid rent to the State. Consolidation operation started in the year in