NARASIMHAM, J.

( 1 ) THIS appeal is by defendant No. 1 against the appellate judgment of the District judge of Balasore reversing the judgment of the Munsif of Bhadrak and decreeing the plaintiffs' suit for declaration of title and confirmation of possession in respect of about 2. 294 acres of raiyati lands situate in villages Ajmatpur and Bargade in bhadrak sub-division.

( 2 ) THE disputed properties appertain to khata No. 41 of Ajmatpur and khata No. 119 of Bargada and originally belonged to one Nalu Puntia after whose death in 1924 his widow Mauli Bewa became the limited owner. The total properties which devolved on Mauli Bewa after her husband's death consisted of 3-66 acres of which. 01 cent. was homestead in which her residential house wag situated. On 21-5-27 Mauli Bewa executed a sale deed (Ext. 6) conveying 3. 65 acres of her properties in favour of defendants 3 to 5 who are the sons of her maternal uncle for a sum of Rs. 250/ -. By this sale deed, she practically transferred all her properties except. 01 cent, containing her residential house. On 13-5-41 she executed another sale deed (Ext. D) conveying 3. 52 acres of her properties to defendant No. 1. This slight diffe