Sir Madhavan Nair:-

This is an appeal from a decree of the Chief Court of Oudh dated 12th December 1939, which modified a decree of the Additional Civil Judge of Bara Banki dated 12th October 1936, by affirming the said decree on condition of respondents 1 to 3 hereinafter called the respondents (who were plaintiffs 2, 3 and 4 in the suit) paying the appellants (defendants 1 to 5) a sum of Rs. 13,592. The said decree awarded the respondents 7/20th (equivalent to 6 annas 7 1/5 pies) share in the property claimed in the suit. The suit out of which this appeal arises was originally brought to recover possession of the entire property (16 annas share) mentioned in the plaint; but it came to be confined to a 9 annas share only. Plaintiff 1 considering himself entitled to the entire property in suit under a will dated 30th. March 1896, executed by one Prag Baksh Singh (hereinafter called the "testator"), sold a 9 annas share of it to the respondents by means of two successive sale deeds in 1932 and 1933, and another 2 annas out of the remaining 7 annas share to plaintiffs 5 and 6, who afterwards withdrew from the suit by virtue of a compromise with the defendants. Later on, plaintiff 1 al