P. K. MOHANTI, J.

( 1 ) THIS appeal is directed against a decree declaring the plaintiffs' occupancy right to the suit lands and confirming their possession over came. The question of law that arises for consideration is whether a bhagchasi is a tenant under the Orissa Tenancy Act, 1913: In the first instance, the appeal came up before a Division Bench to which one of us (P. K. Mohanti, J.) was a party. The Division Bench felt it desirable to place the appeal before a larger Bench in view of the conflict between the judgments of two different Division Benches of this Court regarding the status of a bhagchasi. That is how the entire appeal has been placed before us for disposal.

( 2 ) THE suit lands measuring 5. 70 acres as described in Schedule B of the plaint appertained to Anabadi Khata No. 192 under Tauzi No. 2390 in mauza San Bhubanpur. Defendant No. 1 Maheswar Dobai, Krushna Chandra Dobai, the father of defendants 2 and 3 and Mayadhar Dobai, the father of defendants 4 to 6 were the co-sharer landlords of the tauzi having one-third share therein. They granted leases of the suit lands from time to time for cultivation purposes to late Pravakar Biswal, the father of the plainti