DAS, J.

( 1 ) APPELLANT is the plaintiff in a suit for declaration of his right of occupancy in respect of the property in dispute and for injunction restraining the defendants from taking possession of the said property and for further declaration that the revenue authority has no jurisdiction to deal with the property, inasmuch as the provisions of the Orissa Estates Abolition Act are not applicable.

( 2 ) THE property in question stands recorded in settlement in the name of one banchhanidhi Sahu who had occupancy right in the same by virtue of his purchases in the year 1921-22 from different persons who had also occupancy right therein. Banchhanidhi subsequently acquired a small share of proprietary interest in the suit Touzi to the extent of 10 Pies and 16 Krantis. In the year 1930, Banchhanidhi mortgaged the disputed land along with other undisputed occupancy holdings as well as his proprietary interest to one Raghu Karsan. In 1935, said Raghu Karsan purchased the entire mortgaged property in an execution sale and took possession of the same through court. In 1940, Raghu karsan sold the raiyati land to Kooverji Karson, father of the plaintiff and kooverji continued to posses