G. K. MISRA, J.

( 1 ) BAURIBANDHU (Plaintiff) and Hadibandhu (defendant 1) are brothers. Defendants nos. 2 to 4 are the sons of defendant No. 1. Plaintiff's case is that the disputed property belonged to the ex-Intermediary Satyabadi Ota and his brothers and that it was their private land. He is separate from defendant No. 1 and his sons for more than 25 years. Originally, he cultivated the disputed land as bhag tenant under Satyabadi Ota and his brothers. While he was a bhag tenant, the ex-Intermediary conferred occupancy right on him by commuting the produce rent into cash rent and in evidence thereof accepted rent from him on 11-4-46. Plaintiff thus acquired occupancy right with effect from that date. He was in khas cultivation on payment of rent In 1956. the estate of the ex-Intermediary vested in the State Thereafter plaintiff continued in possession on payment of rent to the anchal Defendants Nos. 2 and 3 were bhag tenants under Satyabadi Ota in respect of other lands There were ill-feelings between the plaintiff and defendants. The latter were acquitted in a criminal case filed by the plaintiff. On 12-9-60. they threatened to dispossess the plaintiff. The suit was filed for