NARASIMHAM, C. J.

( 1 ) THIS is an appeal, by leave from the judgment of justice J. K. Misra, in Second appeal No. 217 of 1959, reversing the concurrent decision of the two lower courts and decreeing the plaintiffs suit with costs throughout.

( 2 ) THE disputed property consists of 1. 54 acres (sic) Survey No. 185 of village bodoknanda, situated within the zamindary of Khallikota in Ganjam district. That survey No. has a total area of 4. 43 acres and had originally belonged to a joint family consisting of the plaintiff (respondent) and his co-sharers, including his cousin Natabar and one Mukuna. The plaintiff's case was, however, that by an amicable partition of the year 1936 the above portion of the Survey No. tell to the share of Natabar. After Natabar's death childless, his widow Kanchan first executed an agreement tor sale, of the land in favour of the plaintiff on 18-4-42. But when she subsequently resiled from the agreement, the plaintiff by suit for specific performance of contract (I. S. 94 of 1946) obtained a decree against her and got the sale deed executed through court sometime in 1949. According to the plaintiffs he also obtained possession through Court. Thus the pl