Dr. A.K. Rath, J.—Plaintiff is the appellant against a confirming judgment in a suit for permanent injunction.

2. The case of the plaintiff is that she is the owner in possession of an area of Ac.0.10 decimal of land described in ‘A’ schedule of the plaint. The backyard is encroached by a compound. She purchased the land from one Rangalal and others by means of a registered sale deed dated 1.12.1967 for a valid consideration. The ROR was issued by the settlement authority in her favour on 23.6.1979. She constructed a building over the same after obtaining permission from the municipality. The defendants have no semblance right, title and interest over the same. The defendants claimed an area of 1207 sq. ft. which is in her occupation. While the matter stood thus, the defendants by letter dated 2.5.1984 directed her to vacate the area by 20.5.1984, failing which, the encroachment shall be removed by the municipality. The municipal authority has no jurisdiction to invoke provision of Sec.254 of Orissa Municipal Act for removal of encroachment. On 26.7.1982, she issued a letter stating that there is no encroachment of any municipal area and as such the municipality can refer t