JUDGMENT :

B.K. Patra, J. - This is an appeal from the judgment of our learned brother A. Misra, J. in Second Appeal No. 26 of 1967 which arose out of a suit filed by the Plaintiff-Appellant for declaration of his title to plot Nos. 2027, 2042 and 2042/3493 appertaining to Khata No. 1327/24 of Cuttack town and for recovery of possession of the same after setting' aside the order passed in favour of the Defendant-Respondents in a proceeding u/s 145, Code of Criminal Procedure. The disputed properties appertain to Touzi No. 2498 of which Motilal Pandit (Defendant No. 10) was the intermediary. The estate vested in the State Government on 1-5-1954. It is the Plaintiff's case that thereafter the proprietor who after reclaiming the disputed lands was in khas possession of the same included his name as a tenant in respect of these lands in the Zamabandi which he had submitted to Government. By operation of Section 7 of the Orissa Estates Abolition Act, 1951 (Act 1 of 1952) (hereinafter referred to as the Act), these lands must be deemed to have been settled with Defendant No. 10 as an occupancy raiyat under the State Government. Defendant No. 10 thereafter' paid rent to Government which wa