Joytosh Banerjee, J.: The present appeal is directed against the appellate decree and the judgement dated 9th of March, 1983 passed in connection with the Title Appeal No. 115 of 1981 by the Sub-Judge, Jangipore, Murshidabad through which he allowed the appeal, set aside the judgement and decree ofthe trial court and dismissed Title Suit No. 2/1977.

2. In brief, the case of the plaintiff/appellant is that the plaintiff and Bhupendra Nath Ghosh the predecessor-in-interest of the defendants since deceased were two full brothers. The suit plots belonged to the plaintiff and the defendants in equal share. Actually the suit property belonged to the father of the plaintiff. The predecessor of the defendants who acquired the suit property in an auction sale held by the court, but the sale price for acquisition of the suit property was paid by the plaintiffs father. In this way, the property was purchased in such auction sale in the name of predecessor in such auction sale in the name of predecessor of the defendants, that is to say Bhupendra Nath Ghosh, the eldest son of the plaintiffs father. But it is alleged that the plaintiffs said eldest brother was not the real purchaser of t