JUDGMENT :

Ahmad, C.J. - The substantial question that falls for consideration in this case is whether the Plaintiff who is the Appellant here is a raiyat as defined in Section 5 of the Orissa Tenancy Act 1913. It has been conceded before me on behalf of the Respondents that in case it is found that at the relevant time the Plaintiff was a raiyat of the lands in suit, the suit as framed has to be decreed and the appeal, allowed. But in case it is found that he was not a raiyat then the suit and the appeal both have to be dismissed.

2. The lands in suit covering an area of 4.92 acres fall in village Chandiagarh. Out of it, 2.15. acres appertain to plot No. 281 of Khata No. 266, .51 acre appertains to plot t Nos. 35 and 36 of khata No. 276, 1.52 acres appertain to plot No. 950 of khata No. 56, and 1.14 acres appertain to plot No. 951 of khata No. 56. This village Chandiagarh originally formed part of the Aul Estate which vested in the State of Orissa under the Orissa Estates Abolition Act with effect from 1-4-1954. The lands in suit were formerly the tenancy holding of two raiyats Krishna Chandra Sarangi and Bhagaban Mandal. It appears that in the year 1925-26 this village Chandiagarh