Judgment

HIDAYATULLAH, J. : This is an appeal by special leave against the judgment of the High Court of Patna reversing the concurrent judgments of the two courts below, and ordering the dismissal of the suit of the appellant. The appellant is Syed M. Karim son of one Syed Aulad Ali and the respondent Mst. Bibi Sakina (defendant No. 11) is transferee of the properties in dispute from Hakir Alam (defendant No. 2) son-in-law of Syed Aulad Ali. The appellant, in his turn, is a transferee of the same properties from his father Syed Aulad Ali.

2. The suit was brought for declaration of title and confirmation of possession or in the alternative of delivery thereof against several defendants in respect of this and other properties. We are not concerned in this appeal with that other defendants or the other properties. This part of appellant s suit was based on the allegation that Syed Aulad Ali had purchased the suit properties on May 28, 1914 at a court sale, benami in the name of his son-in-law Hakir Alam. The reason for the benami purchase was that under the rules of the Darbhanga Raj where Syed Aulad Ali was employed, person serving in certain capacities were prohibited from purchasing