Judgment-

HIDAYATULLAH, C.

( 1 ) -THIS is an appeal from the judgment of a learned single Judge of the High court of Madhya Pradesh at Jabalpur reversing the decisions of the two courts below. The facts of the case are as follows :

( 2 ) TO understand the facts we append first the genealogy of the parties to this suit. It will appear from the genealogy that the common ancestor of the parties (excluding the assignees) was one Radhakrishna Bhatt who died in the year 1920. This Radhakrishna Bhatt had five sons, Dattatrayarao, Sadasheorao, madhorao, Laxmanrao and Raghunathrao. Dattatrayarao died in the year 1946 ; he was predeceased by his two brothers, Madhorao who died in 1922 and Raghunathrao who died on 5/12/1945. One brother, Laxmanrao was said to be untraceable for 30 years and was therefore presumed to be dead. The suit from which this appeal arises was filed by the four sons of Raghunathrao and his widow Manorama Bai on 9/08/1956. During the pendency of the suit, Sadasheorao also died on 13/04/1957. The suit was directed against the daughter Indubai and son Govindrao of Sadasheorao. Both sides appeared to have made assignments of the suit properties by sale in favour of strangers