JUDGMENT

R.C. Lahoti, J.-The facts relating to the property which forms subject-matter of suit are very many, spread over a period of almost a century by this time and so is the number of persons who have dealt with the property and amongst whom the property has changed hands. Shorn of unnecessary details, we would concentrate on bare essential facts, to the extent relevant for appreciating the legal issues arising for decision. For the sake of convenience we would be referring to the appellant and respondent No. 1 respectively as the plaintiff and defendant No. 1 as they were arrayed before the trial court. They are the principal contesting parties. Unfortunately, both of them have died and their legal representatives are on record. For the sake of brevity and convenience we are referring to original parties only.

2. There was a piece of land measuring 1.2 acres in area which belonged to 18 members of a family of Sripandarachetti Cult. It was mortgaged in 1902. There was a partition amongst different groups. The properties involved in partition were listed as Schedules A , B , C and D . The C Schedule comprised of 30 cents. The property in dispute herein is referable to this