FINDINGS OF THE FIRST APPELLATE COURT 11. Against the dismissal of the suit, the plaintiffs filed an appeal before the Court of the Subordinate Judge, Puri in Title Appeal No.2/100 of 1992/1991. The First Appellate Court by its judgment and decree dated 23/12/1992 allowed the appeal and set aside the order of the Trial Court on the following grounds: a) The resumption proceedings could not have been initiated by the Collector without referring the matter to the Civil Court; b) The land leased can be resumed only if the land is required for public purpose; 7c) PW1 and PW2 have deposed that the building is in a habitable condition and no rebuttable evidence was placed on record; d) Balu Resumption Case No.6/1975 could not have been initiated without first deciding Lease Renewal Case No.11/1972. FINDINGS OF THE HIGH COURT 12. Aggrieved by the order of the First Appellate Court, the defendant/appellant herein preferred a second appeal before the High Court of Orissa, Cuttack in Second