( 1 ) THIS is defendants appeal arising out of a suit for partition which was instituted as along ago as the 1st of April, 1940. The plaintiff in the action was one Kundan Lal. He died during the pendency or the suit and is represented by his son Kunj Behari Lal and widow Srimati Dallo. The defendants to the action were four in number. Haji Faqir Bux, son of Haji Khund Bux, two sons of Haji Faqir Bux, Abdui Ghafoor and Sheikh Abdulla were defendants 1 to 3. Haji Faqir bux died during the pendency of the litigation and his two sons who are appellants in this appeal are his representatives. These three defendants constituted one set of defendants. The fourth defendant was Srimati Kallo who also died during the pendency of this litigation and is now represented by her grandson Hamidwllah, The property, of which partition was sought, consists of a big ahata situated in mohalla Rahimganj in the City of Lucknow. It consists of shops and residential houses.

( 2 ) THE property was originally owned by Begam Mumtaz Mahal wife of Nawab Ghaziuddin hyder. In 1874, she gifted this property to her sister-in-law, Srimati Mulko. In 1885, Srimati mulko sold it to Babu Rahim Bux who was