P. N. MOOKERJEE, J.

( 1 ) THIS appeal is by defendant 1 and it arises out of a suit brought by the plaintiff respondent for declaration of his title to the lands in suit described in schedules 'kha' and 'ga' of the plaint, and for recovery of possession of the 'kha' schedule lands, and for confirmation of possession in the 'ga' Schedule lands. The material facts lie within a short compass and they are given below.

( 2 ) ADMITTEDLY, the suit lands originally belonged to one Ketabdi. In the year 1916 Ketabdi died leaving him surviving as his heirs three sons Ahammad, Abdul and Makbul and three daughters. Ahammad is the plaintiff in the present suit, wherein Abdul is defendant 2 and Mokbul is 'pro forma' defendant 4, and their three sisters are 'pro forma' defendants 5 to 7. Defendant 1 is Abdul's son, but he claims title to the suit lands not as a member of Ketabdi's family but on the basis of a purchase from a previous stranger auction purchaser Nur Mahammad, 'pro forma' defendant 3 in the present suit.

( 3 ) ACCORDING to the plaintiff, there was a partition amongst the abovenanied heirs of Ketabdi after the latter's death, and, as a re-suit thereof, the plaintiff got the 'kha' s

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