Narayan, J.

1. The defendants are the appellants, and the appeal arises out of a suit for declaration of title and recovery of possession with regard to 284 bighas 15 kathas 7 dhurs of raiyati land which was held by the defendants under Damodar Prasad, Deokinandan Prasad and Girdhar Prasad, the adoptive father of plaintiff No. 4 who were full brothers. This disputed property is a portion of a holding having an area of 286 bighas 19 kathas 2 dhurs and carrying an annual jama of Rs. 570/15/- including cess. In 1929 a rent suit was instituted against the defendants for the realisation of rent for 1335 and 12 annas kist of 1336, and the suit was decreed on 12-2-1930. This decree was executed thrice, for the first time in the year 1932, for the second time in the year 1933 and for the last time in the year 1935. The decree was for a sum of Rs. 1066/- and for interest thereon, and certain payments were made in the first two executions. In the last execution the entire holding was sold for Rs. 1006/- on 19-5-1936, and possession was delivered to the decree-holders auction-purchasers on 27-11-1937.

2. By a partition amongst the three brothers mauza Belwara in which the property in