JUDGMENT :

1. Heard Mr. Vishwanath Prasad Singh, learned Senior Advocate for the appellant/plaintiffs and Mr. Hemendra Prasad Singh for the respondent first set.

2. The suit was not contested by defendant second and third party.

3. This appeal is directed against the judgment and decree dated 31.08.1978 and 16.09.1978 respectively passed by the learned Munsif, Darbhanga in Title Suit No. 21 of 1971, whereby the suit of the appellants/plaintiffs was decreed in part as well as against the judgment and decree passed by the learned 2nd Additional Sub-Judge, Darbhanga in Title Appeal No. 89 of 1978/9 of 1984 dated 12th of January, 1984, whereby the appeal against the judgment and decree referred to above has been dismissed and the cross appeal by respondent-defendant-first set has been allowed.

4. The short question involved in this case is whether the appellants/plaintiffs were successful in establishing that the suit land was purchased by them in the name of their Benamidar/defendant second party from defendant third party, viz. Mst. Sarobati Devi and whether they were in possession of the lands which they had acquired on the basis of sale deeds of 1940, 1945, 1957 and 1958.

5. The learned