Ramratna Singh, J.

1. This appeal arises out of a suit for partition in respect of plot No. 1301, measuring 1.01 acres, which along with other properties belonged to one Sh. Tejarat, son of Sh. Joga. Tejarat had two brothers who predeceased him. Tejarat left behind, him as his heirs, a daughter named Adulan (defendant No. 9) and three nephews, namely, Sahid (plaintiff) and Zahiruddin (defendant No.1) sons of one brother, and Khalilpur Rahman, the only son of the third brother. Defendants 3 to 8 are the sons of Khalilur Rahman deceased. There was another nephew of Tejarat named San, who was the brother of the plaintiff. But, according to the plaintiffs, he predeceased Tejarat, while according to the contesting defendant No. 2, he was still alive. Under the Mohammadan law, the daughter Adulan had eight annas share in inheritance, while the nephews together inherited the remaining eight annas share, that is, each of the nephews had two annas and eight pies share. Adulan executed a registered sale-deed on the 17th August, 1939, that is, sometime after the death of Tejarat in respect of the whole of plot No. 1301 in favour of Bibi Hamidan, defendant No. 2.

2. Defendant No. 9, Ad