K.Ahmad, J.

1. The present appeal by defendant No. 1 arises out of a suit for declaration of title under Order 21, Rule 03, of the Code of Civil Procedure. The property in dispute is plot No. 742, holding No. 189, situate in village Kakrotia, within Sahibganj Khas Mahal. It is not disputed that originally this plot belonged to one Gendu Modi, who died leaving three daughters, Tulsi, Chaurasia and Patri, and that each of them inherited one-third of this plot, which has got an area of 2 kathas 14 dhurs. It appears that subsequently Chaurasia transferred her 18 dhurs to Patri, who was married to one Huro. Huro had one more wife, Sarbania. Against Sarbania, defendant No. 1 obtained a money decree, and, in execution of that decree, in Execution case No. 6 of 1950, originally 1 katha 16 dhurs of the plot in dispute were got attached. Agains; that order of attachment, there was an objection filed by the plaintiffs, whereupon the Court released 1 katha 4 dhurs of land and ordered that the attachment would operate only in regard to 12 dhurs.

Subsequently, however, even as against that attachment of 12 dhurs, there was another objection filed by the plaintiffs. But that was summarily