JAGANNADHADAS, J.

( 1 ) DEFENDANT 1 is the applt in this 2nd appeal. The appeal arises out of a suit for ejectment filed by the pltf against defts 1 and 2 in respect of a homestead land,. 015 acre in. extent and appertaining to plot 236 in Cuttack town. Plot 236 out of which the suit-plot has been carved out is a homestead plot in respect of which the pltfs have been recorded in the settlement records as chandnadars. Deft 2 obtained a lease of the suit-plot from the pltfs and has been in possession thereof for a considerable period of time, for over 20 years according to the pltf, but according to deft for over 40 years. Deft 2 had admittedly erected a house on it and has been recorded in the current settlement record-of-rights as a Darhandnadar. On 30-6-45, deft 2 sold the land with the superstructure thereon to deft 1. Pltf accordingly filed the suit for ejectment against both defts 1 and 2 on 5-9-45. It is the pltf's case that deft 2 was a mere tenant-at-will under him and that he had no right to make any transfer without his consent. Such consent for the transfer in favour of deft 2 not having been obtained, he was entitled to evict the defts and. re-enter on the land. Deft 2