Judgment

B. K. Mukherjea, J. - This appeal is directed against a judgement and decree of a Division Bench of the Bombay High Court dated 14-3-1945, which affirmed on appeal, the decision of the First Class Subordinate Judge, Satara passed in Civil Suit No. 890 of 1938. The appellants before us, filed the suit, as plaintiffs, in the original Court for establishment of their title to the property in dispute which is known as Chikurde Estate, on the allegation that they were under the Hindu Law, the nearest heirs of one Bhimabai who was admittedly the last holder of the estate. The suit was brought initially against one defendant, namely, the Court of Wards, Satara, and admittedly the Court of Wards took possession of the property of Bhimabai, while she was alive, and is continuing in possession of the same even now after her death. Later on, defendants 2, 3 and 4, who put forward rival claims of succession to the estate, were allowed to intervene in the suit, and were added as parties defendants. The Court of Wards, which now figures as defendant 1, took up, all though, a neutral attitude and expressed its willingness to hand over the estate to any person who would be declared to be r