NARASIMHAM, C. J.

( 1 ) THIS is a defendant's appeal against the concurrent decisions of the two lower courts decreeing the plaintiffs suit and declaring that a sale deed executed by the plaintiff on 28-1-1958 for Rs. 500/- in favour of the defendant was invalid and did not convey any title. The plaintiff belongs to Tanla caste in the sub division of nayagarh which was a former Feudatory State of Orissa. He was in possession of the disputed property as Tokari Jagiri land.

( 2 ) IT was found by the two lower courts that on 28th January 1958 he executed a sale deed con-veyingi the said property to the defendant for a sum of Rs. 500/ -. The defendant is admittedly a high caste Hindu. Though the two lower courts held that the sale deed was validly executed and there was consideration, they nevertheless held that the transaction was invalid on account of contraven tion of rule 3 of the Nayagarh Land Transfer Rules. That Rule reads as follows:

"3. No land or other immoveable property of an aboriginal or a person of low caste, specially Pans, Haris, and Khonds, will be sold, mortgaged, or leased put to ryots of high class without the written sanction of the State authority. Note: For th