JUDGMENT :

K.C. Jagadeb Roy, J. - The Defendant No. 1 in the Original Suit No. 6 of 1977-1 in the Court of the Subordinate Judge, Bhadrak is the Appellant in this case.

Defendant Nos. 1 and 2 are the brothers and are sons of the Plaintiff. The Plaintiff had preferred the suit against the Defendants for declaration of right, title and interest in respect of the landed property shown in Schedules-A and B of the plaint. I he parties belong to Dayabhag School of Hindu law.

2. It is the case of the Plaintiff that he purchased the suit lands out of his own money acquired by his own exertion working as a labourer and the lands were purchased Benami in the name of his sons. To be more in details, he purchased Schedule-A land measuring Ac. 3.00 decimals Benami in the name of Deft. No. 1 by a registered sale deed dated 3-5-1956 for a consideration of Rs. 1100/-. Admittedly Defendant No. 1 was a minor at that time being 4 years of age. He subsequently purchased Schedule-B lands in different installments by registered sale deeds dated 18-5-1965, 20-2-1969 and 27-4-1970 in the name of Defendant Nos. 1 and 2 who were also minors at that time. The Plaintiff was, however, possessing the lands under S