JUDGMENT :

Dr. A.K. RATH, J.

Plaintiff no.1 is the appellant against a reversing judgment in a suit for recovery of possession.

2. The case of the plaintiffs was that the suit schedule land originally belonged to Aita Badonaik. Aita Badonaik died leaving behind him three sons, namely, Birsa, Sonia and Budha. Sonia died leaving behind him only son, plaintiff no.1. Budha died leaving behind him only son, plaintiff no.2. After death of Aita Badonaik, Budha evinced an intention to separate from the family. He was given some landed property 30 years back. Budha left the village and his whereabouts is not known. It was further pleaded that Birsa mortgaged the suit land with the defendants orally for Rs.500/-. The plaintiffs approached the defendants to deliver the suit land in the year 1977, but the defendants demanded a sum of Rs.2,500/-from them. On 9.11.1977, they sent a notice to the defendants to deliver possession of the suit land. On enquiry, the plaintiffs ascertained that the suit land was mutated in favour of the defendants in Mutation Case No.625 of 1977. Mutation was made on the false pretext that the suit land was purchased by the defendants. The defendants have no semblance of