Raj Kishore Prasad, J.

1. This Letters Patent Appeal is from the judgment of Mr. Justice S.K. Das, as he then was, in a second appeal. He allowed the appeal of Santlal, plaintiff 3, and set aside the concurrent judgments and decrees of the courts below, and, decreed the plaintiff-appellants suit.

2. Two questions arise for decision in the appeal: (i) Whether there was estoppel against the plaintiff? and (2) whether the plaintiffs suit was barred by limitation?

3. The disputed land, plot No. 446, under khata No. 469, in khewat No. 2, in village Bhitnaili Khemchand, is mokarri istimarari tenure, and is recorded in the names of Lachmi Prasad (defendant 8) and his brother Kamla Prasad, having -/5/4 share therein. On the 8th June, 1922, they mortgaged their 5 annas 4 pies share to plaintiff 3, Santlal, who took the mortgage in the benami name of defendant No. 6, his own) brother-in-law, being the brother of his wife, Mst. Biranchibati. Thereafter, on the 7th November, 1923, they sold their interest in the tenure to one Jagat Narain, who in his turn, on the 15th October, 1925, sold it to Santlal, plaintiff S, who got the sale, in the name of defendant 7, who was the son of his br