Abdur Rahman, J.

1. The other question as to the benami or fictitious nature of certain transactions having been, as I would show later, concluded by a finding of fact arrived at by the lower appellate Court the only real question to decide in this second appeal is whether Section 41 of the Transfer of Property Act and Section 115 of the Indian Evidence Act can afford any protection to the appellants-defendants 1 and 2 and if so, to what extent?

2. The plaintiffs and the defendants 4 and 5 in the suit out of which this appeal has arisen are the sons of one Kamaraju who died some years ago. Their mother, Sooramma figures as the third defendant in the present litigation. A sale deed in respect of item 1 out of the properties described in the plaint schedule was executed on the 12th April, 1910, in her favour (Ex. A). The second item in the plaint schedule is a seventeenth share in a rice mill while items 3 and 7 are houses and house sites purchased by the third defendant on the 22nd September, 1918, from her husband her husband Kamaraju acting for himself and on behalf of his minor sons plaintiffs 2 and 3 and defendant 4) and the first plaintiff (Ex. A-1). All the seven items w