JUDGMENT

Dalal, J. - The plaintiff sued for possession of a certain share of zamindari property on the ground that the sale was effected by a joint brother in favour of the defendant Shamsher Khan and the transfer was not made for any valid necessity of the family. The question of the house need not be considered as the plaintiff has obtained a decree for possession thereof. Both the subordinate Courts held that Debi Prasad and his brother Chandrika Prasad were members of a joint Hindu family and that the sale was invalid. The sale included zamindari property, and the lower appellate Court held that with respect to that property the suit was barred under the provisions of Section 233(k), Land Revenue Act of 1901. That part of the suit was, therefore, dismissed and Debi Prasad has come here in second appeal.

2. The lower appellate Court has failed to notice the time when the sale was effected in the course of partition proceedings. Shamsher Khan was also a cosharer in the village in which Dabi Prasad and his brother Chandrika Prasad were cosharers. There were other cosharers. On 13th April 1915 one of the other cosharers, Kalyan Singh, applied for partition with a prayer that his zami