JUDGMENT :

Mohapatra, J. - The Plaintiffs are the Appellants against the confirming judgment of the lower appellate Court arising out of a suit brought for ejectment of the Defendants on the declaration of Plaintiffs' title and on a further declaration that the Defendants are mere trespasers. The Defendants are the sons of one Gong Porida. The Plaintiffs' version is that Gonga was a yearly tenant in his personal capacity tin the end of the agricultural year of 1955-56, that is, till 26th March 1956. Gonga died on 19th May 1956; therefore, the Defendants, who are the sons of Gonga, are squatting on the lands in dispute as mere trespassers. So the present suit for ejectment. The defence was that the Defendants are tenants of the Plaintiffs and they had occupancy rights and further that the co-parcenary was a tenant.

2. The trial Court found that Gonga Porida was merely an annual tenant purely on the basis of a personal contract. The Defendants were never parties to the contract. Gonga had no occupancy rights as the lands in dispute are Government jeraiti lands and the Plaintiffs alone have occupancy rights. It was further held that the Defendants have no interest in the lands in disput