ARIJIT PASAYAT, J.

( 1 ) NIRAKAR Das, plaintiff No. 1 having failed to get relief in the Courts of Munsif, Kendrapara, and Subordinate Judge, Kendrapara, has filed this second appeal.

( 2 ) HIS case in brief is as follows : one Kelei alias Kinu Das, husband of Kanchan Dibya, defendant No. 3 sold A0. 04 decimals of land from northern portion of the suit plot measuring A0. 10 decimals of which he was the owner to defendants Nos. 1 and 2, Gourhari and Bansidhar, who are respondents Nos. 1 and 2 respectively in this appeal. On rest A0. 06 decimals of land to the southern portion of the suit plot, a house is standing. Kinu died in the year 1967 leaving behind his widow Kanchan. She transferred the said A0. 06 decimals of land along with the house standing thereon, and some other land over which there is no dispute in favour of plaintiff No. 1, and Brahmananda Das and Kalpataru Das, plaintiffs Nos. 2 and 3 (pro forma respondents Nos. 4 and 5 in this appeal) on 8-12-1976 for a consideration of Rs. 1,000/-, and delivered possession of the property to the vendees. Since defendants Nos. 1 and 2 tried to create disturbance over the possession of the plaintiffs by filing of the suit for parti