( 1 ) THIS first appeal is directed against the judgment and decree dated 6th January, 1993 passed by the learned Judge, City Civil Court, 6th Bench in Title Suit No. 2358 of 1981. The respondent/plaintiff filed a suit for declaration and partition against the appellants. The suit property stands in the name of the defendant No. 1. It is claimed that the property belonged to the father of the plaintiff and the defendants No. 2, 3 and 4 and husband of the defendant No. 1, the mother. The father purchased the property in the benami of the ,other (defendant No. 1 ). The father had business. Out of the income of such business, the father acquired several properties including the one in dispute. It was attempted to show taht the father had sufficient means and the mother had none. 1. 1. The defendants No. 1, 2 and 4 had contested the suit by filing a joint written statement. According to them, the defendant No. 1 mother purchased the property out of her stridhan. The father of the defendant No. 1 had contributed funds to her. She had obtained advance from the tenants. She also secured money by selling her share in some property. A suit for eviction was filed by the defen