Sir Madhavan Nair.:-

This is an appeal from a decree of the High Court of Judicature at Patna dated 19th March 1937, which affirmed granting additional relief to the plaintiffs (respondents before the Board) the decree dated 28th March 1933, passed in their favour by the Subordinate Judge of Purnea. The appeal is by defendants 1st party. The plaintiffs-respondents claimed the suit property which consists of a 2 annas 8 pies share of a certain mahal bearing tauzi No. 1298 in the District of Purnea, as purchasers in execution of a mortgage decree. The facts are somewhat complicated, but are not in dispute and may be summarised as follows: The suit property was originally part of an estate known as the Srinagar Raj, and the lands in tauzi No. 1298 were originally in an estate which bore the No. 1273. The proprietors of the tauzi were three brothers, two of whom Kalikanand and Kamalanand, the sons of Rani Jagrama, held a two-third share of it jointly, while the third share was owned separately by their step-brother, Nityanand Singh. In 1894, the estate was partitioned by the collector under the Bengal Estates Partition Act. This resulted in the estate being split up into two tauzis, one