R. C. PATNAIK, J.

( 1 ) THIS is a plaintiff's second appeal from an action for recovery of possession. The decree granted to him by the trial court has been reversed by the lower appellate court.

( 2 ) ONE Gobinda Panda had three sons, namely. Bhima. Madhaba alias Pada and Shyamsundar. After Gobinda's death, the three brothers separated and partitioned their property. Madhaba and Shyam sold their shares to Bhima who thus became the absolute owner of 1. 80 acres. For legal necessity, Bhima sold the entire 1. 80 acres to the plaintiff by registered sale deed dated 4-8-1905 and delivered possession of the property sold. The plaintiff sold 1. 15 acres to Balabhadra Kar and Krupasindhu Dash and retained Ac. 0. 65 with him which is the subject matter of the suit. It may be stated here that Bhima us the Karta of the joint family consisting of his brother, himself and members of the family had earlier executed a simple mortgage in favour of Biswanath, defendant No. 1. On 25-11-1968, defendant No. 1 filed mortgage Suit No. 440 of 1968 for foreclosure and sale. The plaintiff, who was a transferee from the mortgagor under the registered sale deed dated 4-8-1965, was not impleaded as a party