R.K.Choudhary, J.

1. This appeal by the plaintiff is directed against the judgment and decree of the Additional District Judge of Monghyr, reversing the judgment and decree of the Additional Subordinate Judge there. The appellant instituted a suit for declaration of his title to and confirmation of possession over 4-37 acres of land which admittedly belonged to Chulho Singh and others, who executed a registered sale deed in respect thereof on 30-5-1943, in the name of the plaintiff.

Defendants first party asserted in certain criminal proceedings that the plaintiff was their farzidar with respect to the above land and as such he instituted the suit for the reliefs stated above. Defendants second party are the co-sharers of the plaintiff and the case of the plaintiff is that the suit land on partition between them was allotted to his share and a khista memorandum of partition was executed in support of the partition. The suit was contested by the defendants first party who pleaded that they had acquired the suit land in the farzi name of the plaintiff and that they were in possession thereof. The trial Court accepted the case of the plaintiff and decreed the suit. On appeal,