JUDGMENT :

Misra, J. - The disputed land is 34 decimals, of nij-chas land in plot No. 1054 in khata No. 53 under mouza No. 62 in mouza Batapur in the district of Puri. It belonged to the co-sharer land lords Choudhury Gobinda Chandra Das, Choudhury Radhasyam Das, Choudhury Pitambar Das and Choudhury Ram Chandra Das. In the settlement record of rights (1923-1931) the suit was recorded as nij-chas in the name of these 4 co-sharers (see ext. D). Plot No. 1054 with an area of 0.34 acre is one of the plots appertaining to nij-chas khata No. 53. Plaintiff's case is that there was a partition amongst the co-sharers and that the suit land k had fallen to the share of Ram Chandra Das. In execution of a money decree against Ram Chandra, the disputed property was sold. One Bauribandhu Sahu purchased the disputed land amongst other lands and obtained delivery of possession. (See sale certificate ext. 3 and writ of delivery of possession ext. 4). Bauribandhu in his turn, sold the disputed land to Mahanta Narayan Das by a registered sale deed ext. 6 on 1-8-1942. Plaintiff purchased the same from the chela of Narayan Das by a registered sale deed ext. 1 on 22-7-1964. After his purchase. The paid r