Raj Kishore Prasad, J.

1. This is an appeal on behalf of defendants 1 to 8, who are described as defendants 1st party in the suit, out of which the present appeal arises against the judgment and decree dated 24-9-47 of Mr. S. Saghir Hussein 1st Additional Subordinate Judge at Arrah, decreeing the suit of the plaintiffs respondents 1 to 3.

2. The plaintiffs suit was for a declaration that the properties mentioned in Schedule A of the plaint belonged to them, and the defendants first party, who are the appellants before this Court, had got no title thereto, and as such the possession and occupation of defendants first party were wrongful.

3. The plaintiffs case was that defendant 1 on 14-7-20 executed a mortgage bond in favour of the defendant 9. On the basis of this mortgage bond the defendants 2nd party, who are members of a joint Hindu Mitakshara family with defendant 9 as its karta, obtained in 7-8-35 a final mortgage decree against defendants first party, who also form a joint Mitakshara Hindu family with defendant 1 as its karta, and in execution of that decree purchased the properties mortgaged to them on 10-2-36, and got delivery of possession, over the same through C