Judgement

Jagannadhadas, J. :- Plaintiffs are the appellants in this appeal. The suit is one under O. 21, R. 63, Civil P. C. and relates to 62½ acres of land at Dolamandap Sahi in the town of Puri with pucca and kutcha structures standing thereon. The facts leading to the suit are as follows :

2. Plaintiffs are the daughters of defendant 2. Defendants 3 to 6 mortgaged the suit property along with other properties to defendant 1 the Puri Bank, by a deed of mortgage dated 10th March 1934, Ex. 6, for a sum of Rs. 25,000. The Bank obtained a decree on the mortgage and brought this property to sale in Execution case No. 1379 of 1941. The plaintiffs intervened with a claim petition on the ground that the suit property belonged to their deceased mother and not to their father defendant 2, that they are entitled to the same as the Stridhan heirs of their mother, and that their father and brothers mortgaged the suit property fraudulently without their knowledge. (It may be mentioned that under the Patna amendment to O. 21 R. 58. Civil P C., a claim proceeding can be instituted also in the execution of a mortgage decree.) The basis for this claim by the plaintiffs is the fact that the suit pro