JAGANNADHADAS, J.

( 1 ) THE deft. 2 is the applt. before us, the resps. being the pltf. and deft. l. During the pendency of these proceedings in the lower appellate Ct. the matter appears to have. been compromised between the pltf. and deft. 1 and. that is apparently the reason why the present second appeal is only by deft. 2. The appeal arises, under the following circumstances.

( 2 ) DEFTS. 1 and 2 were the proprietors of a residuary Touzi no. 2463/r of the cuttack Colleetorate. This residuary Touzi was put up for sale for arrears of revenue and purchased by the pltf. on. 11-9-44. The suit is by the said purchaser for recovery of Khas possession from the defts of certain lands of the extent of 1. 90 acres within the; Touzi which have been recorded in the current settlement khatain Ext. 3 as being in the Khas: possession of the father of defts. 1 and 2 Under Section 26 (2) Orissa Tenancy Act. The pltf'a. case is that as a result of his purchase in Ct. auction, he has obtained also the right to the khas possession of the suit lands. Admittedly, the suit lands constituted at one time a raiyati holding. They have been purchased by the defts'. father and have been since then in the