PANIGRAHI, J.

( 1 ) THIS appeal arises out of a suit filed by the appellant for possession of 2. 89 acres of land in Khata 158 in Mouza Eaikera. His case is that the suit lands which originally stood recorded in the name of a deity, Guru Grantha Sabeb, were put up for sale in execution of a rent decree and were purchased by defendant 6, Padma Matha, on 26th April 1937 for Rs. 72; that the appellant (plaintiff) purchased the same from defendant 6 by a registered sale-deed, dated 18th August 1941, for a sum of Rs. 200 and that he was disturbed in the possession by defendants 1 to 5. Defendant 1 is the main con-testing defendant and defendants 2 to 5 are his tenants. Page 1 of 4 Bhimsen Mahapatra vs. Ramachandra Das and Ors. (27. 10. 1949 - ORIHC)

( 2 ) THE case of defendant 1 is that an ancestor of his Mahant Saheb Ram Das, gifted 57 of acre in plots 275 of the suit lands to one Madhusudan Tripathy. Bat neither the said Madhusudan nor his son Chintamoni paid the rent due to the zamindar. Defendant is Guru Mahant Madhab Das deliberately defaulted in payment of the rent and induced the landlord to file a shit for arrears of rent. A rent suit was accordingly filed and in execution of t