Judgment

SINHA, C.J.I. : This appeal on a certificate granted by the high Court of Orissa raises the question of the interpretation of certain provisions of The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952) -which hereinafter will be referred to as the Act. The appellants who were petitioners in the High Court were the proprietors of an estate known as Paikpara Estate, in the district of Puri, bearing Touzi Nos, 268, 269 and 270. The respondents are the State of Orissa and its officials.

2. The facts on which the High Court based its judgment under appeal are as follows. Within the said Paikpara Estate, there were several tenures and sub-proprietary interests. The Paikpara Estate vested in the State of Orissa by virtue of a notification issued under S. 3 of the Act, on August 23, 1953. It is common ground that the interests of tenure-holders and sub-proprietors within the said estate have not yet been taken over under the provisions of the Act. Under the tenure-holders aforesaid, there were some occupancy holdings which had been purchased by the proprietors, the appellants in this Court, long ago. Thus the proprietor by virtue of their purchase became occupany raiyats, un