( 1 ) THIS is an appeal by the heirs of the original plaintiff of the Special Civil Suit no. 67 of 1970 dismissed by the learned 2nd Joint Civil Judge (S. D.) Surat. The original plaintiff had died on 24-3-73 in the suit filed on 9-5-70. So the suit was prosecuted by the present appellants who are the heirs of the original plaintiff Saiyed Abudlraheman. The defendants nos. 1 2 and 3 of the suit being legal representations of one Sadruddin were impleaded as the main defendants nos. 4 to 24 were impleaded because they were in possession of various parcels of the suit properties.

( 2 ) IN order to understand a good deal of controversy raised before us and also before the learned trial Judge on a number of points the nature of the plaintiffs suit deserves to be notice at the outset. The plaint ex. 1 before the learned trial Judge showed than it was as if a simple Suit for partition of some joint properties joint between the plaintiff On one him and the defendants nos. 1 to 3 on the other and the defendants nos. 4 to 24 were impleaded only on he allegation in paragraph 7 of the plaint that the defendants nos. 1 to 3 had sold away some of the lands out of the suit lands to