V. Khalid, J.

1. These Civil Miscellaneous Appeals arise from two suits, O.S. Nos. 1096 of 1971 and 363 of 1972 on the file of the Additional Munsiff of Shertallay. The facts of the case in O.S. No. 363 of 1972, which is the main suit, are as follows: The suit relates to 64 cents of property in Survey Number 236/54 B.C. of Shertallai North village. Item 2 is a building situated in item 1. The suit is for declaration of the plaintiffs' title and for recovery. The property originally belonged to one Saraswathy Bai. She was the grandmother of the plaintiffs through her daughter, Saradha Bai. Saraswathi Bai died on 16th July 1971. The first defendant is the son of the sister of Saraswathi Bai. Defendants 2 to 4 and 7 are the children of deceased son of Saraswathi Bai. According to the plaintiffs the share of defendants 2 to 4 and 7 in the assets of Saraswathi Bai were given to them during her life time and hence they have no right in the suit property. The plaintiffs came to know that the first defendant was attempting to meddle with the suit property on the strength of a settlement deed alleged to have been executed by Saraswathi Bai in his favour on 21st May 1966. The plaintif