Judgement

Narasimham, J. :- This is an appeal from the appellate judgment of the District Judge of Cuttack reversing the judgment of the Munsif of Jaipur and dismissing the appellants-plaintiffs suit for ejectment of the defendant-respondent from a house in village Rebana in Jajpur subdivision.

2. It is an unchallenged fact that the disputed property consists of survey plot Nos. 446 and 447 having an area of .09 decimals and .04 decimals respectively and recorded in Khata No. 8 in the last settlement operations, The Khatian, however, was not exhibited in the lower Court but the statement in the plaint giving the aforesaid plot numbers, area and khata number have not been controverted in the written statement. It is also an unchallenged fact that the said two plots lie in the Basti of the village and at present there is a house standing thereon with its appurtenant Bari. It is further admitted by the parties that the previous owner of the property was one Rukuni Bewa. The plaintiffs claimed to have purchased the property from her by two kabalas dated 8-4-1943 and 25-6-1913. They alleged that the defendant was occupying the house as a tenant-at-will of Rukuni Bewa at a monthly rental o