Viswanatha Sastri, J.-Defendants 1, 3 and 4 are the appellants. Plaintiffs, who are Muslims, sued for partition and recovery of possession of certain lands on the ground that they had been improperly sold when they were minors, Sy their mother acting as their guardian, to the predecessor-in-title of defendants 1 to 4. The plaintiffs’ father, Syed Khaja alias Abbas, was entitled along with three brothers and a sister, to a 4/7ths share of certain properties. All the sharers including the plaintiffs’ father mortgaged their 4/7ths share under Exhibit D-3, dated 23rd August, 1915, in favour of Papa Naidu, the predecessor of defendants 1 to 4, for Rs. 4,500. This mortgage was renewed after the death of the plaintiffs’ father by their mother, acting on her own behalf and as guardian of her minor children, as well as the other sharers in the property, under Exhibit D-4, dated 16th May, 1927, for Rs. 7,860. A sum of Rs. 680-13-0 out of the consideration for Exhibit D-4 went in discharge of a decree which had been obtained by a creditor against the father of the plaintiffs and another sum of Rs. 871 in discharge of a prior mortgage, Exhibit D-5, executed by the plaintiffs’ father and other

Click Here to Read the rest of this document