RANODIP SINGH Vs. PARMESHWAR PERSHAD

JUDGEMENT

(1.) This is an appeal from a decree dated July IS, 1921, of the Court of the Judicial Commissioner of Oudh, affirming a decree dated March 22,1921, of the Subordinate Judge of Bhairach.

(2.) The suit out of which the appeal arises was instituted on June 23, 1920, by the four sons of the sixth defendant, Thakur Prithi Singh, claiming possession of the village described in the plaint. The plaintiffs and their father are a joint Hindu family governed by the law of the Mitakshara, and it is the plaintiffs case that the village is the ancestral property of the joint family.

(3.) On June 3, 1893, the plaintiffs. father purported to sell the village to Manjee Ram, who is represented in this suit by his descendants defendants Nos. 1 to 5. The seventh defendant claims as a mortgagee from defendants Nos. 1, 2 and 5.