S. Ali Ahmad, J.

1. The plaintiff-appellant filed a suit for declaration of title with respect to 0.03 acre of land of pot No.3079 (Municipal Kheshra No.1765) together with a house situated thereon in Mahalla Nawadah in the town of Arrah.

2. The plaintiffs case, inter alia was that the plot in question belonged to Kashim Sah who died leaving behind two sons, Fazal Sha and Sami Sah. There was a partition of the plot between the two sons. Fazal Sah was allotted three decimals on the southern, side ; whereas Sami Sah was allotted 3 decimals on the northern side. The plaintiff says that he purchased from Fazal Sah the southern portion of the plot measuring 3 decimals under a registered sale-deed dated 21st july, 1966. It is said that thereafter he came in possession of the said land and applied for mutation, but the same was illegally refused and at that time it transpired that the defendants were claiming the property as their on the basis of an auction purchase in Execution Case No.33 of 1943. It is said that the defendants did not acquire any tide on the basis of the aforesaid sale and the delivery of possession was also only on paper.

3. The defendants appeared and conteste