JUDGMENT :

Misra, J. - Shorn of unnecessary details, the facts involved in this suit are that plot No. 28 with an area-18-75 acres, plot No. 27-102-95 acres and plot No. 33-30-30 acres belonged to the Raja of Kanika who was the landlord. Plot Nos. 27 and 33 have been recorded as river in the settlement khatian (ext. A) and in the partition decree (ext., 2) as Tandi patha, Bali and water. Plot No. 28 is recorded as Pala, and in the partition decree as Tandi patha. Plot No. 28 is recorded as the Nijchas land of the ex-proprietors while plot Nos. 27 and 33 have been recorded as Anabadi land Plaintiff claims to have come upon this land before 194::5. Plaintiff's case is that he cultivated about 44 acres of land out of plot Nos. 27 and 33 in the year 1951 on payment of rent and he was reclaiming the other lands where Tandi grass was being grown. The estate vested some time in 1952 or 1953. His further case is that for one year after the vesting he held the land under the Anchal on payment of rent. Next year it was put to auction and Defendant No. 2 was the highest bidder. Plaintiff asked for a declaration of his right of occupancy and for a, permanent injunction to restrain the Defendant