Tarkeshwar Nath, J.

1. This appeal by the plaintiff arises out of a suit for a declaration that the decree passed in Mortgage Suit No. 176 of 1943 was illegal, collusive, fraudulent and not binding on him and his interest was not affected by the said decree. The plaintiff further asked for a decree for recovery of possession in respect of a land measuring 0.91 acre being a portion of plot No. 575 of khata No. 171 (not 137 as mentioned in the plaint) of village Jathuli, touzi No. 66. The plaintiff wanted a decree for mesne profits as well.

2. The plaintiff stated that one Laksh-man Mistry had four sons, namely, Sri-cliand, Tulsi and Daroga (from one wife) and Jagarnath (from another wife). All of them were members of a joint Mitak-shara family and Daroga happened to be the Karta of that family. It will be necessary to state here the names of the other members of that family. Srichand had two sons, Dhupnarain and Sadhu. Dhup-narain left a son. Ramchandra. Tulsi left two sons, Banwari and Dargahi. Daroga also had two sons, Ramlagan and Bhag-wan. Hari (defendant No. 3) is the son of Ramlagan, whereas Parbhu and Ram-dayal (defendants 4 and 5) are the sons of Bhagwan Lakhan Lal (