PASAYAT, J.

( 1 ) PETITIONERS call in question legality of order passed by the Addl. District Magistrate (L. R.), Balasore upsetting views of Revenue Officer, Soro and Officer on Special Duty (L. R.), Sadar Sub-Division, Balasore. Krushna Chandra Biswal, opposite party No. 3 herein lodged a claim that he was a bhag tenant under petitioners and sought for a declaration to that effect. On considering background facts with which we shall deal with infra, original as well as appellate authorities held that claim was untenable. Moreover, their conclusions were reversed by revisional authority on the ground that they had not drawn proper conclusions.

( 2 ) A brief reference to the background facts as found by the authorities below is necessary for decision of the question whether revisional order suffers from any infirmity. The case land was purchased in Court auction by one Mohan Nayak, uncle of petitioner No. 3. Case land originally belonged to one Bhagabat Biswal, a remote ancestor of opposite party No. 3. On 12-31934 delivery of possession was taken by Mohan. Sometimes in 1959, Krushna requested petitioners to sale the case land to him. Since they did not agree, there was disturban