Judgement

PANIGRAHI, C. J :- The litigation giving rise to this appeal has had a chequered career. The plaintiffs own 16.67 acres of land recorded in Khata No. 32 of Mouza Santhasara within the State of Dhenkanal. These lands were being enjoyed in four separate shares plaintiffs 1, 2 and 3 having one share each and the father of plaintiffs 4 and 5 being the other cosharer.

Sometime prior to 1930 plaintiff 1 leased out a small portion of the holding, measuring 1.23 acres, for cultivation on Bhag. The Tahsildar of the State recommended the resumption of the entire holding on the ground that the executant had mortgaged the lands without the authority of the State, and on 26-1-1931 the Ruler of Dhenkanal ordered1 resumption of the entire holding. Thereafter the lands were re-settled, on 21-9-1932, with the present defendant 2 and the father of the present defendants 3, 4 and 5.

By an order of the Ruler, dated 21-11-1932 their names were mutated and pattas were granted in due course. But the plaintiffs did not surrender possession to the new tenants. They averred that they were still in possession of the homestead lands recorded in the aforesaid Khata though the defendants had taken forcib