G. C. DAS, J.

( 1 ) THESE two appeals by defendants 2 and 3 were heard together and they are governed by this common judgment.

( 2 ) THE plaintiff filed a suit, T. S. No. 1112/52, for partition of 12 Bharanams of land which he purchased from one Anta Misra and his brothers by a registered sale-deed, Ext. 1, on April 24, 1951. The disputed lands according to the plaintiffs were purchased by him under three transactions. First of all, Raghunath Purohit, the brother of Lingaraj Purohit, who are the sons of one Mahadeb Purohit sold five Bharanams of land to Maheshwar Misra, the father of Ananta Misra by a registered sale deed (Ex. 17), dated June 26, 1922. Lingaraj had a son by the first wife named Basudeb who is defendant No. 1. By his second wife he had two sons Ganesh and Jagannath who are defendants 2 and

( 3 ) THEREAFTER Basudeb (defendant 1), sold three Bharanams of land on his own behalf as well as on behalf of the defendants 2 and 3 to Ananta Misra by another sale deed (Ex. 18) dated June 22, 1925. Ananta Misra by way of a Jeravoti leasa (Ex. 4 (c)) dated November 23, 1929, took four Bharanams of land from the Zamindar of Dharakote. Thus Ananta Misra and his brothers came to