Agarwala, J.

1. The questions referred to us for decision are ;

"1. Do the provisions of Sec.22 (2), Bihar Tenancy Act as amended in 1907 entitle a co-sharer landlord, who has purchased a non-transferable or a transferable occupancy holding between the years 1907 and 1923 to retain it in his possession as his purchased land on a partition taking place between him and his cosharers ?

2. Were the cases of Jhapsi Sao V/s. Bibi Aliman, 5 Pat. 281 : (A.I.R. (13) 1926 Pat 263) and Babu Ram Prasad V/s. Gopal Chand, 2 P. L. T. 163: (A.I.R. (8) 1921 Pat. 341) and Basudeo Narain V/s. Radha Kishan, 3 P. L. T. 22 : (A.I.R. (9) 1922 Pat. 62) correctly decided, assuming that the acquisitions of the occupancy holding were made after 1907 in those cases?

2. This case again raises the much debated question of the rights, on partition, of a cosharer proprietor who has purchased an occupancy holding. So far as purchases made before 1907 are concerned, it was decided by the Full Bench in Sunder Mall V/s. Lachhmi Tewari, 19 Pat. 893 : (A.I.R. (27) 1940 Pat. 467 F. B.) that the purchasing co-sharer is not entitled to retain possession after partition. What has now to be decided is whether he is