1. These appeals are brought by defendants 1 to 3 and by defendants 12 to 14 against a preliminary decree granted in a partition suit.

2. The land in dispute comprises plot 1863, area 18 dhurs and 12 dhurkis, and plot 1869, area 1 katha and 12 dhurs, located in the town of Buxar. The plaintiffs claimed that the land was ancestral and they were entitled to be granted partition of eight annas share therein. Defendants 1 to 3 contested the suit on the allegation that plot 1869 was acquired by Gaya Master from whom they had purchased the plots by an unregistered document. It was alleged on behalf of these defendants that on a portion of the plot they had erected a house to the knowledge of the plaintiffs and in consequence they had acquired title by ouster. A similar claim was advanced on behalf of defendants 12 to 14 who contested the suit so far as plot 1863 was concerned. They alleged that they had purchased the plot from. Gaya Master by virtue of an oral sale and subsequently built a house thereon. An alternative claim of ouster was also pleaded on their behalf.

Upon a consideration of oral and documentary evidence the Munsif found that both the plots were joint family prop