Chhangani, J.—This is an appeal by the plaintiffs in a suit for redemption and partition of property.

2. As the counsel for the parties ate not disputing the findings of facts arrived at by the lower court and have raised contentions only in regard to the legal effect of these facts found by the lower court, we consider it unnecessary to refer in any great detail to the pleadings of the parties. It will be sufficient to state the facts as found by the trial court.

3. The pedigree table of the parties will be helpful in properly appreciating the facts of the case.

Bhagwandas

Shyamdas Jamnadas Narayandas Haridas

Shankerlal Moolraj Murlidhar (adopted)Madanlal (adopted) (Deft. No. 1).

Jainarain Banshidhar

Laxminarain(Pltf. No. 1)

BalkishanPltf. No. 2 GordhandasPltf No. 3

4. The disputes relates to a house which, once the joint family property of the four sons of Bhagwandas, fell to the share of Narayandas and Haridas on partition. Narayandas and Haridas effected a further partition of this house in Svt. 1946 and each got half share in the house. Haridas however died in Svt. 1954 and Narayandas inherited the half share of Haridas in the house and became its full owner. Narayandas died in Svt.1975. At the time of the death of Narayandas, the persons surviving him in the line of Shyamdas were Banshidhar and Laxminarain and that in the line of Jamnadas was Murlidhar, his adopted son. In law, Murlidhar as the neatest collateral would become the heir pi Narayandas and should have alone inherited the house of Narayandas. In fact, however. Banshidhar in the line of Shyamdas claimed to have inherited half the share in the house of Narayandas and mortgaged that share with Sonar Naraindas Nar Singhdas of Jodhpur, vide Ex. P. 3 against a loan of Rs. 2500/-. The consideration of the mortgage consisted of an amount of Rs. 1005/4/- as the amount due to the mortgagee under a previous mortgage of the same house executed in his favour by Naraindas; Rs. 546/5/6 being half the amount of Rs. 1092/11/- borrowed by Banshidhar along with Murlidhar to satisfy certain decrees existing against Naraindas; Rs. 65/8/- being the half of an amount of Rs. 131/- obtained jointly by Banshidhar and Murlidhar for executing repairs in the suit house and finally an amount of Rs. 882/14/6 as a further advance obtained by Banshidhar alone.

5. This claim of Banshidhar was made in the knowledge of Murlidhar, who not only did not contest it, but actually accepted and acquiesced in the same. He himself executed another mortgage in Svt. 1973 Falgun Sudi 1, (vide Ex. P. 2) in favour of the same mortgagee Naraindas Sonar in respect of the remaining half of the house in which the half share of Banshidhar was admitted almost on similar terms as Ex.P.3). The mortgagee continued to remain in possession of the mortgage house on behalf of these two mortgagors till the year 1946. In 1946, Madanlal son of Murlidhar (Murlidhar having died in the meanwhile) redeemed his share in the house and further on 24th January 1946, obtained an assignment of the mortgagees rights in respect of half the house mortgaged by Banshidhar in his favour. In this assignment also, the right and title of Banshidhar was admitted: Subsequently, Madanlal mortgaged his half share with Shah Chhotmal on 20th of March, 1947 and by the same deed, he created a submortgage in respect of half the house of Banshidhar thus admitting Banshidhars title in all these documents. Banshidhar having died, Laxminarain who is his nephew an His sons, Balkishan and Gordhands minors represented by Laxminarain, served a notice upon Madanlal offering to pay the mortgage money and seeking redemption of the house. Madanlal having not responded to the notice, this suit was filed for redemption and partition.

6. The contentions on these facts found by the lower court raised by the counsel for the parties are as follows :

The appellants contend that Banshidhar should be deemed to have acquired title and interest in half the h

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