JUDGMENT :

Mohapatra, J. - Defendants who are father and son have filed this second appeal against the reversing judgment of the lower appellate Court arising out of a suit for ejectment of the Defendants on the ground that the tenancy has terminated. The disputed land appertains to plot No. 2399 which is described as Gharbari with some mango and tamarind trees on it. According to the Plaintiffs' version, this plot is within Khata No. 125 and is an occupancy holding with an area 3.585, and originally belonged to Defendant No. 1. But this holding was sold in execution of a decree and was purchased by the Plaintiffs on 7th April 1946. Possession was taken by the Plaintiffs' through Court on 30th. December 1936. This disputed plot was in possession of the Plaintiffs from 1936 till 1942 when the Defendants were introduced as tenants to the four rooms on the plot. The Plaintiffs had served a notice to quit under the provisions of Section 106 of the Transfer of Property Act and have brought the suit.

2. The main defence is that the Defendants are entitled to protection u/s 236 of the Orissa Tenancy Act as they ordinarily reside in the houses in question standing on plot No. 2399 and that t