Judgement

S. P. MOHAPATRA, J. :-

This appeal has been filed by the plaintiff against the confirming judgment dated 12 8-1953 of the First Additional Subordinate Judge of Cut-tack arising out of a suit for ejectment. The plaintiffs case is that .03 acres of the disputed land appertains to Current Settlement plot No. 417 in Khata No. 493 which is a chandana holding, that the disputed plot belonged to one Karu-na Bai who died leaving as her heir a daughter of Chandramoni alias Chandi; and the plaintiff claims title on the basis of a Kabala registered on 30-9-1946 which was for a consideration of Rs. 100/- and executed by the said Chandramoni, According to the plaintiff, defendants 1 to 7 were tenants-at-will in respect of the disputed plot and after service of notice and several demands as they did not vacate the suit land the plaintiff has brought the action on the basis that defendants 1 to 7 are mere trespassers, and as such, are liable to be evicted.

2. Defendants 1 to 7 in their joint written statement contend to the effect that the father of defendants 1 to 3 purchased the disputed land in auction sale on 22-3-1926 in execution of a decree and took delivery of possesion on 20-12-19