JUDGMENT :

Das, J. - This appeal has been filed by the Plaintiff against appellate decision of the Subordinate Judge of Cuttack, reversing the judgment of the Munsif, Jajpur, in a suit for declaration that Award No. 17 dated 15-12-51 passed by the Assistant Registrar, Co-operative Societies, against the Plaintiff and Defendants 2 to 7 in respect of the suit land is void and not binding on the Plaintiff.

2. The case of the Plaintiff in brief is that Baidhar Samal (father of Defendants 2 to 4 and husband of Defendant 5) and Radhashyam Samal (father of Defendants 6 and 7) were brothers and had an equal extent of interest in the suit-land. Baidhar alone was a member of the co-operative Society (Defendant-1) with whom he mortgaged the suit properties in 1929 and took some loan and the Plaintiff was not aware of such mortgage or loan. The said Baidhar and Radhashyam, however, each executed a deed of mortgage by conditional sale, Exts. 1 and 2, respectively on 28-11-44 in respect of their interest in the suit property in favour of the Plaintiff and took some money, and put the Plaintiff in possession of such property, and since that date the Plaintiff remained in possession of the same. In