P. K. MOHANTI, J.

( 1 ) THE second Appeal is by the plaintiff against a reversing decree.

( 2 ) THE suit was for a declaration of title to and confirmation of possession over the land in dispute measuring 48 decimals which stand recorded in the names of Arta Sethi and Dama Seth as Desa Heta Dhoba Jagir in the C. S. record of rights finally published in the year 1928--vide Ext. 3. Arta died issueless leaving behind him his widow Fakiri Bewa. Dama died leaving behind him his son saratha. The plaintiff claiming himself to be the son of Saratha came to court with the allegation that he had inherited the half-share of Saratha and had purchased the remaining half-share from Fakiri Bewa by a registered sale deed. Thus, he claimed to be the full owner of the entire 48 decimals of land. After abolition of the intermediary interest, the plaintiff filed an application under section 8 (3) of the Orissa Estates Abolition Act for settlement of the land in his favour. The application was contested by the defendants who are Brahmin mahajans of village Brahmanpada. The plaintiffs application was rejected by the o. E. A. Collector on the ground of non-maintainability. Thereafter, the defendants fi