JUDGMENT :- Defendants 1 and 2 are in appeal against a confirming judgment of the learned Subordinate Judge, Jajpur in a suit for title and possession.

2. The disputed property admittedly belonged to one Balakrushna whose wife was Hema. The plaintiffs claimed title to the disputed property on the basis of a sale deed taken in the name of plaintiff No. 1 from one Radha Dei (defendant No. 4) on 19-1-1960 (Ext. 2). Radha in her turn had purchased the said property from one Jagannath (defendent No. 3) by a registered sale deed dated 20-6-1959 (Ext. 5). Jagannath, defendant No. 3, is the son of Malati. Malati claims to be the sole daughter of Hema. After Balakrushna, Hema had made a gift of the property in favour of Malati on 23-9-1936 (Ext. 1).

3. Defendants 1 and 2 who are brothers lay claim to the property on the basis of a registered sale deed dated 24-2-1960 executed by Bhama in favour of Jaladhar, defendant No. 1. According to them, Bhama is another daughter of Hema. It thus appears that the plaintiffs and the contesting defendants claim under two competing sale deeds. The plaintiffs purchase is ultimately from defendant No. 3 who is admittedly the son of Malati. The defendant's pur