JUDGMENT :

Panigrahi, J. - This appeal arises out of a simple suit for declaration of title to and possession of lands appertaining to Khata 46 in Mouza Kuarnpur, after setting aside the rent sale in favour of defendant 1, Rupa Jena. The plaintiffs' case was that the suit properties were jointly recorded in the names of their father, Bichhanda and their uncles Dukhei (pro forma defendant 3) and Arts (pro forma defendant No. 4). Bichhanda and Dukhei were uterine brothers and Arts was their first cousin. Defendant 2, Motilal Pandit, is the landlord of the holding and defendant 1 is the auction-purchaser who purchased the property in execution of a rent decree in suit No. 1794 of 1938-39 on 22-12-39 and took delivery of possession through Court on 15-9-1941.

The plaintiffs' case was that defendant 2 obtained a rent decree fraudulently on 20-8-1938 against the plaintiffs and their deceased brother, Ghasuri at a time when the plaintiffs were minors and Ghasuri was already dead. They also pleaded that Dukhei and Arts, pro forma defendants 3 and 4 had not been served with summons. They further alleged that the decree itself was a nullity as the suit had been filed in the name of Ganesh Lal