ORDER : The Orissa Board of Wakfs is the plaintiff. The suit is for eviction of defendants 1 to 4 from the disputed land and for recovery of possession Admittedly that the disputed property is the Wakf properly of defendant 5 (Pir Saheb) Late Rafique Md leased out the disputed land by a registered permanent lease dated 19-12-1949 in favour of defendant 1. Defendants 2 to 4 are the brothers of defendant 1 Plaintiff admits that defendants 1 to 4 are in possession ever since the date of lease. The validity of the lease is, however, challenged on the ground that it was effected on false recitals regarding the necessities of defendant 5 and that permanent lease could not have been effected in law beyond three years in respect of the suit property which is an agricultural land Defendants 1 to 4 contested the suit challenging the averments in the plaint it is unnecessary to give details of the defence as they are not relevant for the disposal of the Civil Revision.

After evidence was closed and arguments heard, the suit had been posted to 3-9-1964 for judgment. On 3-9-1964 defendants filed an application alleging that the alienation had been made for the benefit of Pir Saheb and that Rs. 1