Judgment

Patanjali Sastri, J. - This is an appeal from a judgment and decree of the High Court of Judicature at Patna reversing a decree of the Subordinate Judge of Bhagalpore and decreeing the respondents suit to set aside a revenue sale of an estate and to recover possession thereof. The estate is part of Mahal Matha Dih, Tauzi No. 3411 paying a revenue of Rs. 132-5-0. In June 1867 there was a collectorate partition of the mahal whereby 9a. 6p, share of the village Narainpore comprised in the mahal was carved out as Tauzi No. 4038 and separately assessed to a revenue of Rs. 16-6-0. On 8-1-1868, the then proprietors of the separated estate executed a kabuliyat or kistbandi agreeing to pay the Government revenue in two instalments of Rs. 8 and Rs. 8-6-0 in the months of April and December respectively every year. Tauzi No. 4038 was further sub-divided on the application of one of the co. shares in the year 1920-21 and the separated share was entered as Tauzi No. 4038/1 bearing a revenue of Rs. 4-8-0, the residue of the estate being jointly held by the other co-shares and entered as Tauzi No. 4038 (Ijmal) with a separate revenue of Rs. ll-14-0. On 30-4-1939, the Collector of Bhagal