S.Shamsul Hasan, J.

1. This is an appeal by defendant No. 2. The claim of the parties is as follows:

2. The plaintiff-respondent No. 1 filed a partition title suit No. 31 of 1974 before the Munsif, Arrah, for a decree claiming 12 Annas 4 pie out of the House left behind by the mother of plaintiff and the defendants. The plaintiffs further case was that the suit House belonged to Bibi Haliman, mother of the plaintiff and defendants No. 1 to 3. and she purchased it by a sale deed dated 3.12.1942. During her life time Haliman sold 8 Annas share in the suit property to the plaintiff-respondent No. 1 by a sale deed dated 9.11.1971. The plaintiff-respondent No. 1 also, subsequently, purchased share of defendant No. 1 equivalent to 3 Annas 2 pie 8 Krant by a sale deed dated 21.7.1976, The plaintiff is also entitled to her own share equivalent to I Anna 7 pie 4 Krant. In all she is entitled to 12 Annas 9 pie 4 Krant. The defendant No. 2-appellant filed written statement making averments, inter alia, that the sale deed dated 9.11.1971 is a sham transaction and no consideration passed to Bibi Haliman. The plaintiff has never been in possession of the Scheduled House nor she has purch