1. In the suit which is the subject-matter of this appeal the plaintiff alleged that the properties in dispute originally belonged to Janmerjai Pathak and that his widow Musammat Bhagwano Kuer and his daughter Monturna Kuer surrendered the properties to defendants 6 and 7 by a registered document dated 16-11-1930. It was also alleged in the plaint that defendants 6 and 7 were in separate possession of the property, and they were also separate in status. In Rent Execution Case No. 300 of 1935 the holding was sold and purchased, by defendant No. 8, who in turn sold it in favour of defendants 1 to 4. The case of the plaintiff was that this sale in cent execution was not in the character of a rent sale, that the decree was a money decree, and the share of defendant No. 7 did not pass to defendants 1 to 4 in that sale.

The case of the plaintiff was that on 31-7-1946, he purchased half the share of the disputed properties from defendant No. 7. The plaintiff therefore-claimed that he had title to half shave of plot No. 61 of khata No. 17 and that he should be granted possession. The suit was contested by defendant No. 1, and his case was that the rent suit was properly framed and