JUDGEMENT :- This is an appeal by the plaintiff whose suit was dismissed by the First Appellate Court, reversing the decree of the trial Court. The suit was one for declaration of the plaintiffs title to the land and houses mentioned in Schs. 1 and 2 to the plaint and for khas possession over the same on partition.

2. The plaintiffs case in brief was that defendants 2 to 4 who are sons of one late Sajid Ali are the joint owners of the land described in Sch. I and the house described in para 1 of Sch. 2 to the plaint, the same falling to their share in an amicable partition amongst them and other co-sharers. The house described in para 2 of Sch. 2 was constructed by defendant No. 2 alone and it was his exclusive property. One Dipchand Bhura got a money decree in Money Suit No. 22 of 1952 in the Court of the Munsiff, Karimganj against defendant No. 2. In Money Execution Case No. 95 of 1953 arising out of that decree, the share of defendant No. 2 in the suit property was sold in auction and it was purchased by the plaintiff. This is how the plaintiff became the owner of the suit property, mentioned in Schs. 1 and 2 to the plaint. Defendants 2 to 4 sold another property to one