(1.) A suit for partition was brought by Jagat Chander Munshi, predecessor of defendants 8 and 9, in which the other co-sharers were made defendants, and in the plaint the plaintiff admitted that the Biswas defendants had a share in the property.
(2.) At an execution sale, a 1/12 share, being one-half of what the Biswas defendants claimed to have held, was sold on the 10 February 1893 and was bought by the plaintiff who, at a private sale, purchased also the remaining portion of the share on the 6 July of the same year.
(3.) On the 19 July the defendants Nos. 3, 4 and 5 who were co-sharers of the property under partition, put in a written statement, in which they denied that the Biswas defendants had any share.