JUDGMENT :

K.P. Mohapatra, J. - By the impugned order, the learned Subordinate Judge, Bhadrak, directed abatement of O.S. No. 63 of 1981 u/s 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 ('Act') for short. The Plaintiff (Petitioner) has assailed that order in this Civil Revision.

2. In order to appreciate the contentions raised by the parties, it is necessary to state the facts averred in the plaint in detail. Defendant-6 (opp. party 6) was the original recorded tenant in respect of C.S. Plot No. 1375 with an area of Ac.1.31 decimals appertaining to Khata No. 680 of mouza Banth, which corresponds to Hal Plot No. 1437. By virtue of a registered sale-deed dated 7-5-19691 Defendant 6 sold Ac. 0. 651/2 decimals out of the aforesaid plot from the northern side for consideration in favour of the Plaintiff. After purchase, the Plaintiff got his name mutated, paid rents and remained in physical possession thereof. By virtue of another registered sale-deed dated 17-3-1972, Defendant 6 sold Ac. 0. 25 decimals out of the balance Ac. 0. 651/2 decimals from the southern portion in favour of Defendants 4 and 5 (opposite parties 4 and 5) for consider