Kanhaiya Singh, J.

1. This is an appeal under the Letters Patent by the defendants first party from the decision of a Single Judge of this Court dated 5-12-1952, by which he reversed the concurred decisions of the Courts below which dismissed the suit.

2. The lands involved in this litigation are situate in two villages, namely, Bathaili Debi Jagir and Kamalpur Jagir comprised in khewat No. 1 of the respective villages belonging formerly to Silanath Jha, the ancestor of the defendants second party. The latter also owned and possessed eight annas share in another tenure bearing khewat No. 24 in another village Bathaili Dhanoat. Ban-khandi Rai, the ancestor of the plaintiffs respondents acquired these three tenures, from Silanath by virtue of a registered deed of sale dated 7-2-1933 and went info possession thereof. Before this purchase, these three tenures were subject of attachment before judgment. Bansman Rai, the ancestor of the defendants first party, had instituted Money Suit No. 20 of 1931 against Silanath on 24-2-1931 and on the same date obtained attachment before judgment (Ext. D) of the said tenures. In due course the money suit was decreed on 30-11-1931, that is,