R. N. MISRA, J.

( 1 ) DEFENDANTS 2 to 4 in a suit for declaration of title and confirmation of possession have appealed against the reversing judgment and decree of the learned District Judge of Puri.

( 2 ) THE disputed property is 62 decimals of Anabadi land in Plot No. 84 and constituted part of an estate which has long vested in the State of Orissa. Plaintiffs alleged that before plaintiff No. 1, his father had taken oral lease of the property from the ex-intermediary and in the year 1947, plaintiff No. 1 obtained written leases and planted trees on the disputed property and continued to be in possession. As the plaintiff No. 1 was a settled raiyat of the village, he acquired occupancy right in the disputed property. Subsequent to vesting of the estate, defendants 2 to 4 made an application to the Estate Abolition Collector against plaintiff No. 1 asserting communal rights of the villagers over the property and on the basis pf the said application of the defendants Miscellaneous Case No. 4 of 1958-59 was registered under Section 5 (i) of the Orissa Estates Abolition Act (hereinafter referred to as the 'act' ). The Estate Abolition Collector set aside the lease and an appeal ca