Nagendra Prasad Singh, J.

1. This second appeal is by defendant No. 2 against a judgment of the learned Additional Subordinate Judge decreeing the alternative relief of the plaintiffs respondents for repayment of Rs. 2,000 which the plaintiffs respondents had paid to the appellant as a consideration for transfer of a land measuring 26 acre.

2. The plaintiffs filed Title Suit No. 137 of 1960 alleging that plot No. 459 was the nakdi joat land of one Raghunath Sahai who had constructed a house thereon. The said Raghunath Sahai died leaving behind three sons-- Lachhmi Narain, Shambhu Narain (defendant No. 3) and Gouri Shankar (defendant No. 2). It is further the case of the plaintiffs that defendant No. 2 came in exclusive possession of the said plot as owner thereof and he, under a registered sale deed dated 27-9-55, transferred the said plot of land in favour of the plaintiffs for a consideration of Rs. 2,000. The plaintiffs also claimed that after the said purchase they came in possession of the plot in question but defendant No. 1 claiming the said plot under a fictitious hukumnama raised an unfounded dispute and a proceeding under Sec.144 of the Code of Criminal Procedure