JUDGMENT :

Misra, J. - Plaintiff purchased the disputed land by a registered sale deed (Ex. 8) on 30-7-1961 for a consideration of Rs. 3000/ - from the Maharaja of Parlakimedi (Defendant-I). On 31-8-1962 by an order (Ex. V-2) of the Collector in a case under the Orissa Estates Abolition Act, 1951 (Orissa Act No. 1 of 1952), hereinafter referred to as the Act, Defendant-2 was found to be in possession of the holding as a tenant under the Intermediary (Defendant-}) before the date of vesting, and was deemed to be a tenant of the State Government from the date of vesting in 1953. The effect of this order was that the proprietary interest in the disputed land vested in the State of Orissa and the tenancy right remained with Defendant-2 under the State as the landlord with effect from the year 1953 though in fact Defendant-2 was paying rent to Defendant-1 until the date of sale. Plaintiff's case is that on 30-7-1961 Defendant-1 had no saleable interest in the disputed land and could not have conveyed either title or possession. The first relief sought by him was for refund of the consideration of Rs. 3000/ - from Defendant-1, who received the same under a void agreement. In the alternati