H.Mahapatra, J.

1. The plaintiffs, who are the appellants, brought a suit for recovery of possession in respect of 1.57 acres of land on the ground that it was originally a khidmati Jagir land given to the ancestors of the defendants second party for performing particular services to the grantors. As they had left the village and had ceased to render the services required of them, the plaintiffs claimed right of resumption of the land.

2. Defendants first party are the transferees from the defendants second party. The contest in the suit was only by and on behalf of the defendants first party. No written statement was filed by the defendants second party. It was clearly alleged in paragraph 8 of the plaint that the defendants second party had left the village and had ceased to perform the duties allotted to them under the conditions of the Jagir granted to their ancestors. This cessation of service was alleged to have been since 1360 Fasli, corresponding to 1953. The suit was instituted in 1954.

In the written statement filed by the defendants first party, it was claimed that the land was not burdened with any service nor was it in !ieu of duties to be performed by the defe