Choudhary, J.

1. This appeal by the defendants first party is directed against the judgment and decree of the Additional District Judge of Darbhanga reversing those of the Munsif, second court, Samastipur, and arises out of a suit instituted by the plaintiff for a declaration of his title to and confirmation of possession, or, in the alternative, for recovery of possession, over 2 bighas 7 kathas and 121/2 dhurs of land, which admittedly belonged to one Ramrekha Singh. The plaintiff and defendant 4 are the sons of the said Ramrekha Singh.

In the year 1937 the defendants first party instituted a suit for rent against Ramrekha Singh and obtained an ex parte decree against him. Later on, Ramrekha Singh died in the year 1940. After his death, the defendants first party started execution of the ex parte decree in Execution Case No. 711 of 1941 against defendant 4, and in execution purchased 4 bighas 15 kathas 5 dhurs out of the holding of Ramrekha Singh, a moiety of which is the subject-matter of dispute in the present case. It appears that the defendants first party obtained delivery of possession on 8-6-1942.

The case of the plaintiff, however, is that the delivery of possessi