Judgement

Appeal (No. 119 of 1920) from a judgment and decree of the Court of the Judicial Commissioner (September 6, 1917) reversing a decree of the Additional District Judge of East Berar, Amraoti.

The suit was brought in 1914 by respondents Nos. 1 to 6, to recover possession of immovable properties in Berar. They alleged that they had formed a joint Hindu family with one Nain Singh, who died in 1906, and that a purported sale of the properties in 1902 by Nain Singh to the deceased appellant, Syed Kasam, was " for bogus consideration," and they claimed the lands as their joint and ancestral family properties. The remaining appellants, and the respondents other Nos. 1 to 6, held from the deceased appellant. The deceased appellant by his defence denied that the consideration was bogus, and alleged that Nain Singh had separated ten years before the date of the sale. He further alleged that after the sale he entered into possession jointly with the other co-sharers ; that in 1907 a settlement and division was made between the plaintiffs and himself, and that since he had been in separate possession and enjoyment of the properties.

The facts appear from the judgment of the Judicial Co