JUDGMENT :

A.K. Rath, J.

This is defendants' appeal against a confirming judgment.

2. Plaintiff-Respondent instituted the suit for permanent injunction. Briefly stated the case of the plaintiff is that the suit property is the stitiban property of the deity Siri Sri Brajabihari Dev. One Nityananda Pattnaik was a sikkim tenant. There was a house over it. He was residing therein with his brother, Chaitanya Pattnaik. He acquired occupancy right over it under Sec.236 of the Orissa Tenancy Act. The sikkim right was heritable and transferable as per the customs. Giridhari, s/o-Nityananda Pattnaik and the successors of Chaitanya Pattnaik sold the land along with other lands to Biswanath Ray by means of a registered sale deed dated 12.5.58 vide Ext.3. Thereafter, Biswanath Ray sold the land to the plaintiff by means of a registered sale deed dated 11.8.58 vide Ext.5. Since the date of purchase, the plaintiff is in possession over the suit land as a sikkim tenant. In the year 1960, Damodar Pattnaik, natural father of defendant no.1, created disturbances in her peaceful possession, for which, proceeding under Sec.145 Cr.P.C. was initiated. By order dated 29.11.60, the Executive Magistrate, Khur