RAY, C. J.

( 1 ) THIS is an appeal by defendant 2 in a suit for recovery of possession of certain lands appertaining to raiyati holding No. 70 of mouza Sahala, described in all material details in a schedule attached to the plaint.

( 2 ) DEFENDANT 1 was the owner of the said lands. He transferred them on 23 41941 by a sale deed to the plaintiff for consideration. The plaintiff stepped into possession of the said lands along with other lands similarly sold to him by defendant 1 aforesaid. Defendant 1 later gave the same lands to defendant 2 who has since taken possession thereof and inspite of repeated demands did not give it up. The suit was contested by both defendants 1 and 2. The present contest mainly centres round the priority of title of either the plaintiff or defendant 2. Defendant 2's case is that defendant 1 and his son surrendered the suit lands to Lambardar Gountia on 30. 5-1941 who, in his turn, on 31-51941 for consideration settled the suit lands and other lands with this defendant and that ever since, he has been in possession of the same. The trial Court had dismissed the plaintiff's suit. The learned lower appellate Court reversed the trial Court's decree and dec