JUDGMENT

Mookerjee, Actg., C.J. - This is an appeal by the plaintiffs in a suit for recovery of possession of land upon declaration of title. The land admittedly formed the occupancy holding of one Niamat Karikar, a Mahomedan, who had three sons and four daughters. One of these sons, Nabu, died during the lifetime of his father, and, consequently never acquired an interest in the disputed land by inheritance. Three of the plaintiffs (Nos. 6, 7 and 8) are descendants of Nabu, namely, a daughter and two sons by another daughter. These plaintiffs have clearly no title to enforce. The other five plaintiffs claim through Nagar, one of the surviving sons of Niamat Karikar. The first three plaintiffs are the sons of Nagar, the fourth is his daughter, and the fifth his widow. It is indisputable that they did acquire title to a share of the holding. The first three defendants, who have successfully contested the claim, base their title on a sale which was made in their favour by the widow of Nagar (the fifth plaintiff), who acted in the transaction not only on her own behalf but also as the guardian of her infant sons and daughters. Now, it appears that the two sons of Niamat Karikar who sur