B.D.Singh, J.

1. This appeal by the plaintiffs is directed against the judgment and decree of the lower appellate Court affirming those of the trial Court.

2. In order to appreciate the points of law urged in this appeal, it is necessary to state, briefly, the facts. The plaintiffs-appellants had instituted a suit for declaration of their title and for confirmation of possession over the tenancy lands detailed under Schedule 1 of the plaint as also for a permanent injunction against the respondents restraining them from interfering with or disturbing the possession of the plaintiffs. The case of the plaintiff was that the lands originally belonged to Skh. Wahid Ali, deceased, who was father of Mt. Tetri (defendant No. 1 respondent No. 1). Wahid Ali remained in possession of those lands till his death. After his death, defendant No. 1 along with Shamsuddin and other succeeded to his properties in accordance with their legal shares. On partition between the heirs of Wahid, the suit land along with the other lands were allotted to the share of defendant No. 1 who came in exclusive possession over the same. Subsequently defendant No. 1 verbally sold the suit land to plaintiff N