JUDGMENT

Tudball and Sulaiman, JJ. - This is a plaintiff's appeal. The plaintiff is the son of one Narain Das. The defendant respondent, Musammat Bishan Devi, is his own mother and Lala Jagannath Das, the other defendant respondent, is his own brother. According to the allegations in the plaint, the father, Lala Narain Das, and the two sons constituted a joint Hindu family, and their mother, the defendant No. 1, lived jointly with Lala Narain Das, when on the 20th of November, 1891, Narain Das purchased out of joint family funds the property which is now in dispute, at an auction sale in execution of a decree obtained by him against certain judgment-debtors. The purchase was made in the name of Musammat Bishan Devi, the wife of Narain Das. The certificate of sale was issued in her name and mutation of names took place in her favour after the sale. Her name has continued from that time down to the present. In January, 1911, Narain Das died. In 1917 Musammat Bishan Devi applied to the Revenue Court for partition of the share recorded in her name. The plaintiff appellant objected that she was not the owner of it and not in possession. The Revenue Court, u/s 111 of the Land Revenue Act,