JUDGMENT :

Mohapatra, J. - It is the unsuccessful Plaintiff in both the Courts below who is the Appellant in this second appeal which arises out of a suit for ejectment on the allegations that the Plaintiff- had purchased the suit property by virtue of a title-deed on 6th August, 1921 paying a consideration of Rs. 340/-, that he was in possession of the suit property till the year 1937, sometime in Khas and sometime through different tenants; that it was in May, 1937 that he let out the house property in dispute to Defendant No. 1. The Defendant was occupying the house as a tenant till the year 1942 and inspite of Plaintiff's notice the Defendant is not vacating and in his reply dated 19th June, 1949, the Defendant asserts adverse title against the Plaintiff.

2. The main defence was that in fact the property in dispute was purchased in the year 1921 benami in the name of the Plaintiff, the real purchaser being Defendant No. 1 who paid he consideration money and in consequence of the said purchase he was in possession of the property all along. There was no relationship of landlord and tenant between the Plaintiff and Defendant No. 1.

3. Both the Courts below have dismissed the Plainti