( 1 ) THIS is a defendants appeal arising out of Suit No. 2 of 1959 which was a sequel to Suit No. 220 of 1958 against which a second appeal is still pending in this Court. The earlier suit was brought by the present appellant Dal Chand against Hukum Singh (tenant and impleaded as defendant No. 5 in the present suit) in respect of arrears of rent which were alleged to have been paid to the present plaintiff viz. . Babu Ram. He had actually applied to be impleaded as a manager of the joint family in the earlier suit but Dal Chand plaintiff of the earlier suit raised an objection and the application for impleadment was dismissed. It was in these circumstances that babu Ram filed Suit No. 2 of 1959 giving rise to the present appeal.

( 2 ) THE relief claimed in this suit was a declaration that the Kothi in question was a joint family property of the plaintiffs and defendants Nos. 1 to 4. Hukum Singh and Gur Dayal, being tenants of the Kothi, were impleaded as defendants Nos. 5 and 6 respectively. The plaint allegations were that the plaintiffs viz. Sobha Ram (plaintiff No. 2) and Prakash Chand (plaintiff No. 3) and defendants Nos. 1 to 4, namely, Dal Chand, Kashi Ram,