Lord Salvesen.-

This is an appeal from a judgment and decree dated 11th August 1927, of the High Court of Judicature at Patna, which reversed a judgment and decree, dated 25th May 1923, of the Subordinate Judge of Darbhauga.

The litigation relates to certain shares in four mauzas specified in the plaint which originally belonged to a number of Mahomedan ladies either in their own right or as guardians to their minor children. These properties were on 9th December 1921 formally conveyed by two absolute deeds of sale to the appellants, Raghunandan Ram Sahu and other members of his family, who were the defendants (second party) in a suit raised by the respondent, Mahanth Ramsunder Das, against them and the original proprietors of the subjects of sale (first party defendants). Mahanth Ramsunder Das has died since the suit was initiated and is represented by the guardian of his minor son. In his plaint he alleged that the same vendors, who were parties to the conveyances above referred to, had agreed to sell their properties to him in June 1921, and that on 8th December, the day before the conveyances in favour of the appellants were executed, he had notified the appellants of the sale to