NARASIMHAM, J.

( 1 ) THIS appeal is by the defendants against the appellate judgment of the additional Subordinate Judge of Shambalpur affirming the judgment of the munsif of Sundargarh decreeing the plaintiffs' suit for setting aside the alienation of the suit land by their father in favour of the defendants on the ground of want of necessity and for recovery of possession.

( 2 ) THE plaintiffs are the sons of one Mukteswar Bhoi of village Tildzega in gangpur State. The suit land appertains to Khata No. 35 of the village. The revenue laws of Gangpur State did not permit the transfer of an occupancy holding by the rayat in favour of any other person. But with a view to get round this ban on such transfer the recognised practice in the State (prior to the merger) was for the transferor to apply to the State authorities for mutation of the name of the transferee in the Ruler's records. On such application a regular revenue case used to be started, enquiries made by the usual way through the local authorities concerned and after consulting the wishes of the heirs of the transferor the mutation would be allowed or rejected as the case may be. The transferee pays the stipulated money