B. K. PATRA, J.

( 1 ) THIS is an appeal by defendants 1 to 5 against a reversing judgment of the First additional Subordinate Judge, Cuttack. The dispute relates to 0. 27 acre of land covered by plot No. 2532 appertaining to Nijjot Khata No. 821 in village Sisthol and covered by Touzi No. 5605. One Susila Bewa was one of the co-proprietors of the touzi having a four annas share therein, As a co-sharer proprietor, she was in possession of plot No. 2532. Susila's predecessor had mortgaged this plot of land to the plaintiff No. 1. It is the case of the plaintiffs that in satisfaction of the mortgage dues. Susila permanently leased out the land orally to plaintiff No. 1 on the first day of the agricultural year of 1936 (13-4-1936 ). Subsequently, on 17-81936, bimibadhar who is the brother of Susila and her power-of-attorney holder executed an unregistered deed of lease in favour of plaintiff No. 1. Plaintiff No. 2 is the son of plaintiff No. 1. On 1-5-1954, the touzi was abolished under the provisions of the Orissa Estates Abolition Act. 1951 (Act 1 of 1952) (hereinafter referred to as the Act ). It is alleged that after vesting, Susila submitted Ekapadia in the name of plaintiff No.