Judgement

Appeal (No. 125 of 1929) from a decree of the High Court (May 14, 1928) reversing a decree of the District Judge of Benares, which affirmed a decree of the Additional Subordinate Judge.

The appellants, and their father Paltu (pro-forma respondent No. 7) brought a suit against respondents Nos. 1 to 6 to recover a house in Benares which had formed part of the ancestral property of their Hindu joint family. Paltus father, who died in 1919, had transferred the house to his son in law Phalgu, by a deed of 1915, which the plaintiffs alleged was fictitious and without consideration. The defendants were in possession under a purchase in 1919 from Phalgu. The appellants were both minors in 1919.

The facts are more fully stated in the judgment of the Judicial Committee ; the terms of s. 41 of the Transfer of Property Act, 1882, also there appear.

The trial judge made a decree for possession subject to the payment of Rs.1046 which the defendants had paid to discharge a mortgage upon the house.

The defendants appealed to the District Court; there was no appeal by the plaintiffs as to the Rs.1046.

The District Judge dismissed the appeal. He affirmed the findings of the trial judge tha