JUDGMENT :

R.C. Patnaik, J. - This is a Second Appeal by the Defendant against concurrent decisions of the Courts below decreeing the Plaintiff's suit for recovery of possession and mesne profits.

2. The suit property originally belonged to Madan Sahu. He fell in arrears of land revenue. The land was sold in an auction under the provisions of the Madras Revenue Recovery Act by the Tahsildar, Jeypore in Revenue Recovery Case No. 38 of 1958-59. The Respondent was the highest bidder. Sale certificate was granted and possession was delivered to him. The Appellant, who was a relative of Madan Sahu (certificate-debtor), was brought up by the latter, as he was issueless. Neither Madan Sahu nor the Appellant ever questioned the sale or possession of the Respondent. Madan Sahu lived for about a decade after the sale. In the meanwhile, the Appellant was convicted in a dacoity case and was in jail. After his release, he created disturbance in the possession of the Respondent and in a proceeding initiated u/s 145 of the Code of Criminal Procedure his possession was declared by the Magistrate which furnished the cause of action for institution of the suit for recovery of possession and mesne prof