Judgement

DAS, J.:- Plaintiff is the appellant in this Letters Patent Appeal against a reversing judgment in a suit for partition and for allotment of the property claimed by the plaintiff to have been purchased by him from defendant No. 1 as Karta of the joint family consisting of defendants Nos. 2 and 3.

Plaintiff claimed that defendant No. 1 was the father of his two sons-defendants Nos. 2 and 3. The properties described in Schedules A and B of the plaintiff belonged to the joint family of defendants Nos. 1 to 3 and defendant No. 4, the wife of defendant No. 1. The first defendant as Karta of the joint family, sold the disputed properties by a registered sale deed dated 18-5-1963 for Rs. 1,710/- to the plaintiff. The B schedule properties had been mortgaged with defendant No. 5 by the time of the sale. Therefore, defendant No. 1 put the plaintiff in possession of the remaining properties except those covered by schedule B. It was agreed at the time of the sale that plaintiff would pay up the mortgage dues of the defendants and redeem the property. Accordingly, plaintiff filed Title Suit No. 64/66 in the Court of the Munsif for redemption impleading all the present defendants. The