JUDGMENT :

B.K. Ray, J. - Plaintiff is the Appellant in a suit for declaration of title to, for confirmation or in the alternative for recovery of possession of the suit land and for a permanent injunction against Defendant Nos. 1 to 7 restraining them from coming upon the suit land or from creating disturbance in Plaintiff's peaceful possession thereof.

2. The case of the Plaintiff may briefly be stated as follows : The suit land with an area of O. 07 acre under plot No. 883 in khata No. 24 in village Bhadimul stands recorded in the names of Defendant No. 8 and Ananda father of Defendant No. 9 as sikimi tenants. The C.S. record-of-rights is Ext. 2. The Suit land is a homestead which contained the residential house of Defendant No. 8 and of Ananda. It is in this residential house the recorded sikimi tenants were originally residing. On the death of Ananda his son (Defendant No. 9) continued to live in the said residential house with Nitei (Defendant No. 8). The suit land therefore being a homestead in which Defendant No. 8 and Ananda and after him, his son (Defendant No. 9) were ordinarily residing, u/s 236 of the Orissa Tenancy Act as amended in 1946 the sikimi tenants, viz : Defend