( 1 ) THE defendants are the appellants. The plaintiffs filed the suit for recovery of possession of the house bearing No. 5-9-1108 situate at Gunfoun- dry, Hyderabad together with an amount of Rs. 60,000/- towards mesne profits.

( 2 ) THE averments in the plaint may be briefly stated : After thedeath of Nawab Emad Jung in 1920 in a suit fot partition of Matruka property his widow Waheedunissa Begum was granted a decree to hold possession of the plaint schedule house in consideration of her dower amount to the tune of Rs. 2,15,000/ -. Waheedunissa Begum sold the house and she has no authority to sell as she had right of enjoyment only during her life time. The plaintiffs are the heirs of late Samiuddin Mohd. , the son of late Emad jung and therefore the plaintiffs are entitled to the property. The plea of the 1st defendant is that after the death of Nawab Emad Jung his widow Waheedunissa Begum filed O. S. 1/1346 Fasli for recovery of dower and for partition of Matruka. The Darul Qaza Court passed a declaratory decree that Begum is entitled to retain posession of half portion of the property bearing Door No. 1190 till Meher amount is paid. The said half portion of the ho