Das, J.

1. This appeal under the Letters Patent raises a problem of some complexity as to the transfer of homestead land governed by Sec.182, Bihar Tenancy Act. The problem, in some of its aspects, has been the subject of consideration in several decisions of this Court and the Calcutta High Court. The latest decision of this Court was that of a Special Bench of three Judges in -- Hari Narain Singh V/s. Babui Mohari, AIR 1949 Pat 413 (A), which practically overruled the earlier decision in --Mahadeoashram Prasad Sahi V/s. Parikha Choudhri, AIR 1945 Pat 428 (B). Under orders of my Lord the Chief Justice the appeal has now been placed before a Full Bench of five Judges.

2. The facts so far as they are relevant to this appeal, may be briefly stated. The plaintiffs are the appellants. They brought a suit for a declaration of title and confirmation of possession, or, in the alternative, recovery of possession in respect of about .08 acres of land comprised in plot No. 1050 of holding No. 176 situate in village Lauria, in the district of Monghyr within tauzi No. 445 of the proprietor, popularly known as the Banaili Raj. The holding was recorded in the record of rights (finally pu