JUDGMENT

Mukerji, J. - The plaintiffs, through their mother, and certain relations transferred to the defendant-appellant two items of property, one being landed property and the other being certain houses occupied by tenants. The present suit was brought by the plaintiff-respondents to obtain a declaration that the house property was never intended to be sold and to be purchased and that, therefore, the plaintiff's title to the property remains intact. In the alternative the plaintiffs ask for delivery of possession. The defence was that parties did in fact intend to sell and did sell the house property and the defendant is the owner of the property and he is in possession of the same. The Court of first instance dismissed the suit. The Court below has decreed the suit for possession with respect of one-half of the property on the ground that the plaintiffs' title extended to only a half share. The Court found that the plaintiffs were out of possession.

2. In this Court, it has been contended that it was not open to the plaintiffs to prove the oral agreement set up by them which was calculated to contradict the registered sale-deed. It is further urged that if the plaintiffs' case b