R. N. MISRA, J.

( 1 ) THE plaintiff is in appeal against the reversing decision of the learned Additional subordinate Judge, Jey-pore. The plaintiff had sued for title and recovery of possession of the disputed property upon ejectment of the defendant therefrom. The disputed property admittedly belonged to one Hori Bhotra and his brother arjuna who happen to be sons of one Phagunu Bhotra. Hari and Arjuna had previously mortgaged the disputed property with one Jhitru. The land was thereafter again mortgaged and it was sold to the plaintiff for a consideration of rupees four hundred under a registered sale deed dated 8th of March, 1965. The plaintiff redeemed the mortgage and obtained possession. There was a proceeding under Section 145, Code of Criminal Procedure which terminated in favour of the defendant Hence the suit. The defendant claimed that he had purchased the disputed property from Hari and his brother for Rs. 140/- in cash and five putties of paddy in kind in 1956 and was cultivating possession since then. It was pleaded that the plaintiff had full knowledge of the prior sale in favour of the defendant as also the defendant's possession. Thus the sale did not confer any