Binod Kr. Roy, J.

The Defendant 1st party is the appellants. They challenge an order passed at the instance of the plaintiff respondents 1st party herein restraining the appellants from selling any suit properties which includes 1 decimal of land in which he claims to have raised a hut after the falling down of the house in plot no. 21 appertaining to Khata No. 58 and 80 decimals of land in plot no. 22 appertaining to Khata No. 58 of Mauja Nawada, Arrah P.S. Nawada, District Arrah.

2. The plaintiff alleged that the land in question in the old survey stood recorded in the name of Ramnath Lal son of Kashi Nath Lal, who alone was its, owner and has been coming in possession; that in the year 1931, the ancestors of the plaintiff and defendant no. 6 took the land in which there was a mango orchard for watching it on a condition that they share its fruit and they started appropriating jointly the fruits; that Ram Nath Lal in plot no. 21 constructed a room in which there was also a will which was given to the ancestor of the plaintiff and defendant no. 6 for the purpose of having a watch of the land in question; that about 3-4 years thereafter, the trees in the ordered were cut one