I.D.Dua, J.

1. This is a defendants appeal from the judgment and decree of the learned District Judge, Kapurthala, dated 8th of May 1952 allowing the appeal and decreeing the suit of plaintiff Krishan Dutt which had been dismissed by the Subordinate Judge 1st class, Fatehgarh Sahib, by his judgment dated 8th August, 1951. The plaintiff and the defendant are real brothers, and their father admittedly died in 1928. The property in suit consists of 49 bighas and 6 biswas of land situated in village Nabipur Kalan; this property originally belonged to the erstwhile Kalsia State and was put to auction sometime in September 1931. Plaintiff Krishan Dutt gave a bid for this property in the joint names of himself and his brother Girdhari Lal for a sum of Rs. 4,200.00 which was accepted. A sale certificate was consequently issues in October 1931, in favour of both the brothers, and on 8th of September 1932 mutation No. 249 was similarly attested in their favour. It appears that at the time of the mutation their mother alone was present, both the brothers being absent. It is also agreed that the defendant was born on 16th of July 1916, with the result that he was minor in September 193