1. All the five parties in this appeal land in the suit) are brothers being the sons of late Shankar Sahu of village Ara, P.S. and P.C. Burmu, Dist. Ranchi. The appellant Harijiwan Sahu was defendant 1 in the suit while his three brothers respondents 1, 2 and 3, Jairam Sahu, Laxman Sahu and Ram Sewak Sahu were the plaintiffs. Jagdish Sahu, respondent 4 here was defendant 2 in the suit.

2. The three brothers respondents 1 to 3 brought this suit for realisation of a sum of Rs.12000.00 (Rs. 4000.00 being the share of each of them) on the basis of a ekrarnama deed (Ext.2) dated 1-11-1964 which has been executed by the appellant. Admittedly the lands of Khata No.14 of village Barey. P.S. Burmu which had been auction purchased as far back as 1937 in the name of Harijiwan Sahu had been sold by registered sale deed dated 31-10-64 executed by him (Harijiwan Sahu) and all his brothers in favour of Bhuvneshwar Sahu and the consideration money received was Rs. 20,000/-.

3. The plaintiffs case is that as the lands of khata No.14 were the joint family property, all the five brothers had equal share in the consideration money and it agreed that this money will be invested to purchase a bu