P. K. MOHANTI, J.

( 1 ) THE second appeal is by the defendant against a decree of affirmance arising out of a suit for permanent injunction.

( 2 ) THE plaintiff's case was that the suit lands originally belonged to the parties and their brother Gangadhar Das and were amicably partitioned by a registered deed dated 30-4-53. After partition, Gangadhar sold away the properties, which fell to his share, to one Shankar Padhan who, in his turn, sold away the same to the plaintiff by a sale deed dated 26-3-58. The plaintiff claimed to be in possession of the suit lands from the date of his purchase. The defendant having threatened him with dispossession, he came to Court for a permanent injunction restraining the defendant from interfering with his possession.

( 3 ) THE defendant claimed to be the absolute owner in respect of the suit lands. His contention was that after vesting of the estate in the State of Orissa under the Orissa Estates Abolition Act, he applied for rent settlement and in claim case No. 6770 of 1963-64 the entire suit plot was settled with him.

( 4 ) THE trial court held that the suit lands were settled with the defendant by mistake and that the plaintiff has been