B. K. PATRA, J.

( 1 ) DEFENDANTS Nos. 8 and 9 in the, suit are the appellants against a reversing judgment of the Subordinate Judge, Dhenkanal. The suit was filed for a declaration of the plaintiffs title to plot No. 192 measuring 1. 97 acres comprised in holding No. 68 in mouza Baligerang, and for recovery of possession of the same after a further declaration that the registered sale deed Ex. A dated 13-1-64 executed in respect of the land by defendants Nos. 1 to 4 in favour of defendants Nos. 8 and 9 are null and void. There was also a claim for recovery of mesne profits amounting to Rs. 50/ -.

( 2 ) THE disputed land admittedly belonged to defendant No. 1 and Kesab, father of defendants Nos. 2 to 7 who acquired the same on Nayabadi basis in the year 1933. The case of the plaintiff Rama-dev Pradhan who is respondent No. 1 in this appeal is that in the year 1947 defendant No. 1 borrowed a sum of Rs. 26/-from him and gave the land on usufrauc-tury mortgage to him and that in the year 1951 defendant No. 1 sold the land to him for Rs. 98/-and executed a sale deed in his favour which however was not registered. Out of the consideration amount of Rs. 98/- Rs. 72/- was paid in cash at