Sir Dinshah Mulla.—

The property in dispute is a serai situated outside the Katcheri Gate of the Peshawar city, which, with some lands and buildings adjoining it, belonged jointly as to one moiety to Sadhu Ram and his sons, who were members of a joint Hindu family, and as to the other to Lachmi, widow of Mul Chand. In the jamabandi for the year 1895-96 these properties were entered in the names of Sadhu Ram and Lachmi as owners.

On 24th January 1900, Sadhu Ram executed a mortgage with possession of his interest in the serai and a house in favour of appellant 1 and two others to secure payment of Rs. 7,500 advanced to him by the mortgagees.

Shortly afterwards Sadhu Ram contracted to sell his interest in the serai and the lands and buildings to Pir Moti Nath. The contract was not carried out and a suit was brought by Pir Moti Nath against Sadhu Ram, Rs. 1,292-8-0 being claimed as damages. The suit was compromised through the intervention of a jirgah, the final arrangement being that Sadhu Ram should make a gift of the serai and the lands and buildings to a Dargah, known as Dargah Pir Rattan Nath, and that the Dargah should compensate Pir Moti Nath by a payment of Rs. 1,200, and contribu