Lord Sumner:-

In this case the plaintiffs sued to recover proprietary possession with mesne profits of a 12-anna share in Mouza Hansi Mau, in the district of Cawnpore. They are members of a joint Hindu family, the Tewaris, governed by Mitakshara law, and claim this mouza as part of their undivided property. The circumstances are such that the plaintiffs' right, if any, has not been barred by adverse possession and lapse of time. It is convenient to speak of one defendant, Suraj Kunwar though there are others, his vendees. The property is small; it seems to yield 500 rupees per annum, but it has been fought for, at prodigious length and cost.

In the first instance the burden of proof was on the plaintiffs, but they produced a conveyance, dated the 3rd August 1863, under which the property in question was conveyed on sale to Musammat Babbo Kunwar, guardian of her son Suraj Parshad, then a minor, both being members of the Tewari family. There was also evidence that the purchase consideration was provided out of joint funds. The rights of Suraj Parshad, have now descended to the plaintiffs, and it is not contended that Musammat Babbo Kunwar took any interest for herself. The defendant pr