JUDGMENT :- The plaintiff files this appeal against the reversing judgment of the Additional Subordinate Judge of Puri dismissing the suit for declaration of the title and confirmation of possession with regard to 1.64 acres of land situated in Apila.

2. The plaintiffs case is that in order the screen the properties from his creditors he executed a nominal sale deed (Ext. 1/a) in favour of his sisters son (defendant No. 2) who resides in another village; that he continued to be in possession of the properties till the date of filing of the suit; that the sale deed executed by him was in his custody; that he was paying the rent due on the lands and that defendant No. 1 took a sale deed (Ext. B/1) of these properties from defendant No. 2 and was threatening to dispossess him. Hence he filed the suit for declaration of his title to the properties and for confirmation of possession.

3. Defendant No. 2 was ex parte in the case. He was also not examined by any party. Defendant No. 1 contended that the sale deed in his favour was executed for a sum of Rs. 1000/- which was paid to the vendor; that he was in possession of the properties; and that the sale deed in favour of defendant No. 2 ex