JUDGMENT

1. This is a plaintiff's appeal arising out of a suit for joint possession of one half share in certain property which were admittedly sold at auction and purchased in the name of Kesho Prasad, defendant No 1. The plaintiff is the son of a daughter of Ram Dayal who was Kesho Prasad's uncle. It is admitted by both the parties that Ram Dayal and Kesho Prasad were separate and did not form members of a joint Hindu family. The plaintiffs case as put forward in the plaint was that the property was put up for sale on several occasions and bids were made, but they were not ultimately accepted as the price offered was considered to be inadequate; but finally the highest bid was accepted on July 20, 1907 on which occasion Ram Dayal was absent and

Kesho Prasad, defendant No. 1, called out bids on his own behalf and on behalf of Ram Dayal, and that the said sale was confirmed. (Paragraph 5 of the plaint).

2. His case was that the said property was jointly held by Ram Dayal and the defendants as a family property (not joint family property) and that after the death of Ram Dayal, his widow Musammat Ram Piari Kure was in possession and defendant No. 1, who was the lambardor of the village