Judgment

BEG, C.J.I. :- This is the defendants appeal by special leave against the judgment and decree of the Allahabad High Court decreeing the suit of the plaintiff-respondent for partition and separate possession of 2/3rd of House No. 397 in Katra, Allahabad. The plaintiff claimed to be the sole heir of the auction purchaser of the house in October, 1937, at a Court sale in execution of a mortgage decree. The house had been mortgaged by Sharda Prasad representing the line of one son of Kalyan Chand, the common ancestor and original owner, and Sheo Shankar and Sangam Lal representing the line of another son of Kalyan Chand, Kripa Shankar, now represented by the two appellants, his widow and son, was said to be a minor, and, although his brothers acted on his behalf, the defendants alleged that the loan and the mortgage were not binding upon him for want of legal necessity. Shital Prasad, a son of Kalyan Chand, was not a party to the mortgagee deed. Hence, Shital Prasads share could not be said to have been sold. On 12th September, 1938, symbolical possession was taken by the auction purchaser, and, again in 1946, in proceedings for execution of a decree. But, the house continued t