Judgment

Fazl Ali J.- This is an appeal from a judgment & decree of the H. C. of Judicature at Patna, affirming a judgment & decree of the Sub-ordinate judge of Monghyr in a title suit brought by the pltf. resp.

2. The pltf. the Maharaja of Gidhaur, who has succeeded in both the Cts. below is the proprietor of an impartible estate known as Gidhaur raj in the district of Monghyr. The ancestors of the defts. 1st party originally held a 4 annas share in a ghatwali tenure known as Mahal Dumri Nisf Katauna T. No. 325, & Sub-sequently by private partition they were allotted mouza Dumri with its 47 tolas which are detailed in Sch. I of the plaint. In execution of d mtge. decree obtained by one Chethru Rai against the ancestors of defts. 1st party, their interest, to which reference has been made, was purchased by the Maharaja of Gidhaur in the name of one of his employees, & the latter took delivery of possession of the property on 19-4-1904. On 13-8-1903, the ancestors of the defts. 1st party filed an appln. for setting aside the sale which was dismissed by the executing Ct. & the appeal from the order of the executing Ct. was dismissed by the H. C. as well as by the P. C. After certain