S. ACHARYA, J.

( 1 ) THE plaintiff being unsuccessful in both the courts below has preferred this second appeal against the confirming decision of the Subordinate Judge, Aska dismissing the plaintiff's suit for recovery of possession after demolishing the structure standing on the suit land.

( 2 ) THE undisputed facts are that the defendant No. 1, Nilakantha Tripathy (Respondent No. 1 herein) is the father of the defendants 2. 3. 4 (respondents nos. 2. 3 and 4 herein ). The defendant No. 5, Kantamma Patrani (Respondent No. 5 herein) purchased the suit property from Trilochan Tripathy (defendant No. 21 and Kailash Tripathy (defendant No. 3) by a registered sale deed, Ext. A dated 103-1964 from defendant No. 1. The plaintiff, after the aforesaid purchase on 6-1-1964, filed this suit in April 1969 on the allegation that defendant No. 1 after the aforesaid sale under Ext. 1, delivered possession of the suit lands to the plaintiff; that the aforesaid sale (Ext. A) by defendant Nos. 2 and 3 in favour of defendant No. 5 was a fraudulent one and was not with the consent of defendant No. 1, who was the sole owner of the suit land, as the same was his self-acquired property. The defendant