Judgment

GHULAM HASAN, J. : This appeal is brought against the judgment and decree dated November 10, 1944, of the Lahore High Court (Sir Trevor Harrier, C.J. and Mr. Justice Mahajan, the present Chief Justice of this Court) reversing the judgment and decree of the Assistant Collector, First Grade, Gurgaon as Senior Subordinate Judge, and dismissing the plaintiffs appellants suit.

2. Dalmir, Dilmor and Chhinga were three brothers and Amir Khan and Sharif Khan were the two collaterals. Alif Khan was the son of Amir Khan. The present dispute is between the descendants of five branches of the family. The suit was brought by the descendants of Dalmir against the descendants of Dilmor, Chhinga Alif Khan and Sharif Khan. To this suit were also impleaded as defendants some of the descendants of Dalmir. The plaintiffs claimed a declaration that they along with defendants 17 to 19 are full owners in possession of 819 Bighas 19 Biswas land situate in village Manota Tehsil Ferozepore Jhirka in the Gurgaon District that defendants 1 to 16 had no right to claim partition of that land and that they were entitled only to the produce of land measuring 140 Bighas 19 Biswas possessed by them without