Rai, J.

1. The pltf has filed this appeal against the judgment & the decree of the Addl Subordinate J., Bhagalpur, reversing those of the Munsif of Madhipura.

2. The pltf filed the suit for declaration of his title to & recovery of possession of 13 kathas & 8 dhurs of land out of an area of 1 bigha 5 khata which he claimed to have been sold to him by a registered sale deed dated 12-1-1948. There are some other facts relevant to the case which may shortly be stated as follows. One Janak & his cousin Uchit jointly took settlement of about 3 bighas 9 kathas 18 dhurs of land in the name of Janak. On 8-12- 194V, Janak sold 1 bigha 5 kathas to the deft for Rs. 1000/-. The deft was to discharge the mtge debt over this property which was en cumbered by a mtge transaction dated 29-4- 1940, for a sum of Rs. 200/-. The pltf was the mtgee under the said mtge bond. The case of the pltf is that after the execution of the sale deed on 12-1-1948, he paid Rs. 313/- in cash, Rs. 337/- was to be set off towards the dues of the mtge bond of 29-4-1940, & Rs. 50.00 was to be paid at the time of receiving the receipt from the deft. As the pltf fell short of the amount of Rs. 50.00 at the registra