G. B. PATNAIK, J.

( 1 ) PLAINTIFFS appeal against the judgment and decree of the Subordinate Judge, Aska, in a suit for declaration of the right of occupancy over the suit land measuring 35. 10 acres and for permanent injunction against the defendants restraining them from entering upon or otherwise interfering with the suit lands or in the alternative for recovery of possession of the suit lands.

( 2 ) PLAINTIFFS case, in short, in that one Harihar Misra purchased one-fourth interest in the property belonging to Nayak family of village Tilasingi for a consideration of Rs. 1,500/- in the year 1949. The said Harihar again purchased half share of the self-same joint property in the year 1955 through registered sale deeds (Exts. 2, 3, 4 and 5) from co-sharers for a consideration of Rs. 32,000/ -. It is alleged in the plaint that the consideration for the above transactions had been paid from time to time in between 1984 and 1955. The said Harihar instituted Title Suit No. 144 of 1957 in the Court of the Munsif, Aska, for partition and separate possession of his three-fourth share. During the pendency of the said suit, he executed a registered agreement (Ext. 19) dt. 26-10-1959 in fa