Kamla Sahai, J.

1. This appeal by the plaintiffs arises out of a suit for declaration of title to, and recovery of possession over, 3 bighas and odd dhurs of land appertaining to tauzi NOS. 3796 and 3806 in village Nariyan, district Saharsa.

2. In order to appreciate the points which have been raised on behalf of the appellants, it is necessary to give somes facts, Bitan Missir and Kanhaiya Missir, father of Narayan Missir (defendant No. 1), were brothers. Bitan died in about the year 1344 Fasli, leaving him surviving three daughters named Gulobati, defendant No. 9 (defendant-third-party) and Fulobati, defendant, No. 13, and Keshobati, defendant No. 14, both of whom are defendants-fifth-party. The three sisters filed seventeen applications before the Land Registration Officer for mutation of their names in Register D in place of their father, Bitan. Narayan Missir, nephew of Bitan, filed objection petitions in all those seventeen cases on the allegation that he was entitled to one-fourth share in the properties left by Bitan Missir, who had adopted him as Karta-putra, and he also prayed for mutation of his own name in respect of four annas share. On the 25th June, 1945, the