R. D. DEO SHARMA, J.

( 1 ) THIS is a defendants appeal against the judgment and decree dated 9-7-1977 passed by the learned District Judge Sultanpur whereby he dismissed the defendants appeal and confirmed the decree passed by the trial court decreeing the plaintiffs suit with costs. Plaintiffs-respondents 1 and 2 are the sons of defendant-respondent 3. The defendant appellant who is a stranger to the family purchased the house in dispute from the plaintiffs father through a sale deed. The plaintiffs came with the allegations that they together with their father Badri Prasad and uncles mathura Prasad and Kedar Nath were living as members of the joint Hindu family having gayadin, their grand-father, as the common ancestor. The house which is now in dispute and is detailed at the foot of the plaint was purchased by Gayadin and his three sons from the joint family funds although the sale deed was executed in favour of the three sons of Gayadin. The plaintiffs therefore, claimed to be coparceners and owners of the house as such along with other members of the family. Subsequently there had been a partition whereafter the plaintiffs lived jointly with their father while the other member

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