S. P. MOHAPATRA, J.

( 1 ) THIS second appeal has been filed by defendants 1 and 4 against the judgment of reversal dated 22-4-1954 of Sri R. C. Misra, District Judge of Sumbulpur arising out of a suit brought by the plaintiff for a mere declaration of his title to the property in dispute with an area of 25-84 acres appertaining to holding No. 9; the rental payable in respect of the holding being Rs. 6/12/-only. The cause of action for the suit is the order of attachment under Section 146, Criminal Procedure code, dated 5-3-1951, arising out of proceedings under Section 145 of the said code started at the instance of the present appellants. The recorded tenants in respect of the holding were defendant No. 1 Dasarathi Chamar and his brother kunjaban.

( 2 ) THE plaintiff's version is that a deed of surrender was executed by defendant no. 1 for self and on behalf of his minor sons (defendants 3 to 5) and his brother's major son, defendant No. 2; that the deed of surrender was also registered on 76-1938, the certified copy of which is Ex. 3 in the present suit: that the present defendant No. 7 is the landlord in whose favour the deed of surrender was executed, that in the year 1922 de