( 1 ) THIS is a defendants appeal directed against judgment and decree dt. 1-6-1974 recorded by Sri K. C. Asthana, learned Temporary Additional Civil Judge, Gorakhpur by which he dismissed Civil Appeal No. 219 of 1973 with costs and affirmed the judgment and decree dt. 14-5-1973 recorded by Sri A. H. Ansari, learned IVth Additional Munsif, Gorakhpur in Original Suit No. 1340 of 1968. The suit was decreed with costs by learned trial Court.

( 2 ) THE dispute relates to plots Nos. 297/2 area 2. 47 acres and 298 area 1. 28 acres situate in village Koliya Mohal, Mustqil Tappa Rate, Pargana, Bhauwapar, district Gorakhpur.

( 3 ) THE following pedigree, which was not controverted before me, shall be helpful for appreciating the point involved in this appeal :-

( 4 ) THE plaintiffs, who are own brothers, are transferees of the disputed land from Smt. Aminunnisa, widow of Azmat Ali by virtue of a registered sale deed executed in their favour of 18-1-1958 (Ext. 14 ).

( 5 ) THIS holding belonged to Ehsan Ali, who was the owner of village Koliya where the plots in suit lie.

( 6 ) AFTER the death of Ehsan Ali, his four sons, namely, Nisar Ali, Sajid Ali, Azmat Ali and Majid Ali, b