Ahmad, J.

1. This is an appeal by the, defendants first party against the judgment and decree dated 22-9-1951, passed by Mr. Satchitanand, Subordinate Judge, 1st Court, Monghyr, reversing those passed by Mr. B.N. Pathak, Additional Munsif, Begusarai.

2. The suit was for the declaration that the kebalas dated 17-5-1941 and 11-6-1941, both executed by Basudeo Choudhary, defendant 3rd party (defendant No. 15) who is the eldest brother of plaintiffs 2 and 3 and the son of plaintiff No. 1, were not binding on the plaintiffs and that the decree dated 14-4-1945, passed in Mortgage Suit No. 60 of 1942 was null and void.

3. The dispute between the parties relates to the southern half of plot No. 193 having an area of about 1 bigha 5 kathas and 161/2 dhurs. It appears that originally so long as Subans Choudhry, the husband of plaintiff No. 1, was alive, what belonged to his family in plot No. 193 was only its northern half. On 3-5-1924, Subans Choudhry executed a deed of mortgage in respect of that northern half of plot No. 193 in favour of defendants 4th party for a sum of Rs. 500/-. Subsequently on his death two documents of sale were executed on behalf of that joint family. The on