K.Ahmad, J.

1. The dispute in both the cases giving rise to these appeals relates to a common property. It consists of two holdings hearing Nos. 48 and 60 within the jurisdiction of the present Patna Municipal Corporation. Originally both these holdings were the property of one Bandhu Mahto. Bandhu Mahto had four sons (].) Fakira Mahto, (2) Chowa Mahto, (3) Gaja Mahto and (4) Mewa Mahto. Some fitly years back before the institution of the present suits, there was a partition effected in the family of Bandhu Mahto between Fakira Mahto and Chowa Mahto on one side and Gaja Mahto and Mewa Mahto on the other. That means, as between Fakira Mahto and Chowa Mahto on one side and Gaja Mahto and Mewa Mahto on the other, there was no severance of status inter se In the course of that partition the two holdings in suits are admitted to have fallen to the joint share of Fakira Mahto and Chowa Mahto. So far, therefore, there is no dispute between the parties. But subsequently there was a registered deed of sale executed on 24-11-1909 in respect of these holdings both by Fakira and Chowa in favour of Mewa Mahto and it is this deed of sale which is mainly responsible for the present litiga