G. K. MISRA, J.

( 1 ) THE disputed lands appertain to plot Nos. 1993, 1994 and 1995 in Sikimi Khata no. 5 in village Mahespur in the district of Balasore. These plots respectively constitute Bari, Ghar and Puruna padia with an area of 0. 26, 0. 10 and 0. 59 acres. Advocates for the parties do not dispute that the suit lands constitute homestead within the meaning of Section 236 (1) of the Orissa Tenancy Act (hereinafter to be referred to as the Act ). One Ambika Prasad Das was the Sthitiban tenant of these lands. He had two sons, Biswanath and Kshetramohan. They transferred the disputed lands to one Radhakrishna by a registered sale deed (Ex. 2) on 24-4-45. Radhakrishna sold the same by another registered document (Ex. 3) to Bhagaban behera and his brother on 17-3-47. Bhagaban and his brother sold the disputed lands to Hadi Behera by a registered sale deed (Ex. 6) on 29-10-49. Hadi Behera sold the disputed lands by a registered sale deed (Ex. 5) to the plaintiff on 10-1 51. Plaintiff's suit is for declaration of title and recovery of possession on the strength of this sale deed. In respect of this land, admittedly one Sebak Das was the sikimi tenant (underraiyal ). Sebak Das had f