JUDGMENT

S.K. Ghose, J. - Plaintiffs sue for partition of a plot of land described as "Bairagi Bari" alleging that they have purchased four-fifths share of the tenancy right and defendants have purchased the remaining one-fifth share. Plaintiffs and defendants have small shares in the landlord's interest, the entire 16 annas of that interest being held by a large number of persons. The defence is that plaintiffs have no title except by virtue of the superior interest and that the property falls within the joint estate only up to a certain extent, the rest being in another estate. Plaintiffs won in the first Court, but they lost in the Court of appeal below. They now come in second appeal.

2. In this appeal the first point is whether plaintiffs have proved their tenancy right to the land in suit. Plaintiffs base their right upon three conveyances, namely: (1) Ex. 1 which is an unregistered deed bearing date 4th Sravan 1308 in respect of a one-fifth share of the tenancy right for a sum below Rs. 100. (2) Ex. 1 (c) an unregistered deed of conveyance dated 2nd Aswin 1308 in respect of a two-fifths share for a sum above Rs. 100, the documents being executed by two females on behalf of the