JUDGMENT

Piggott and Walsh, JJ. - The suit out of which this appeal - arises is based upon the following state of facts, There was a lady named Naushani Begam, who died as long ago as the 24th of November, 1900. On the findings now before us we must take it that she left two heirs to her estate under the Muhammadan law: one was her husband, Ahmad Husain, and the other was a distant cousin named Abdul Wahid Khan. The pedigree filed with the plaint, the accuracy of which may be taken as established, shows that Abdul Wahid Khan was the son's son of one Ali Muhammad Khan, and that Naushani Begam was the son's daughter of another son of the said Ali Muhammad Khan. The relationship was thus a distant one, and this alone might account for the fact that Abdul Wahid Khan did not find it easy to enforce his claim to a share in the estate of the deceased lady. It further appears from this record that the legitimacy of Abdul Wahid Khan was contested by other members of the family. So far as the record before us goes, we must take it that in the present litigation Abdul Wahid Khan's legitimacy is established; but it is a point of importance in the history of the case that Abdul Wahid Khan's legitimacy was at one time contested. It would appear that, as a matter of fact, Ahmad Husain succeeded in taking effective possession of the entire estate of his deceased wife. He has since been dealing with it as owner and has made a number of transfers. Abdul Wahid Khan himself never attempted to bring his claim to the adjudication of a court of law. On the 18th of November, 1903, he executed a deed of sale which is the document of title on which the present suit is based. By the deed Abdul Wahid Khan purported to convey to the present plaintiffs his rights in the estate left by Naushani Begam. A specification of that lady's estate and of the property purported to be conveyed was appended to the sale-deed. The consideration was stated at Rs. 5,000, of which Rs. 100 had been paid in advance and Rs. 4,000 were formally handed over to Abdul Wahid Khan at the time of the registration, while a sum of Rs. 900 was retained for the time being by the purchasers, under a convenant to pay it later on when they had succeeded in obtaining settled possession over the property conveyed. We may note at once certain facts bearing on the principal question now before us for determination. The whole of the immovable property which formed part of the estate of Naushani Begam, and which purported to be conveyed by the sale deed of the 18th of November, 1903, was situated in the district of Pilibhit. In the ordinary course of things a deed of sale in respect of that property required to be registered before the Sub-Registrar of Pilibhit and registration in any other office would be invalid under the provisions of the Indian Registration Act. The sale-deed in question, however, was registered before the Sub-Registrar of Bareilly. This was done on the strength of a certain detail appended to the said deed. The important words are the following: "I include," says Abdul Wahid Khan, "in this sale a ruined house with the land appertaining to it, bounded as below, situated in Naqsha Bandan Mohalla in the city of Bareilly, which I purchased from Syed Sher Ali under a sale-deed dated the 3rd of September, 1903." In the specification at the foot of the deed boundaries of this house situated in the above-mentioned quarter of the city of Bareilly are set forth. In the suit as brought a large array of defendants was impleaded. Ahmad Husain, husband of Naushani Begam, was dead and his heirs were impleaded as defendants of the first party. Abdul "Wahid Khan was alive at the date of the institution of the suit, and was impleaded as defendant No. 3. He died while the suit was pending in the court below, and his heirs were brought on the record. The remaining defendants consist of transferees of different portions of the property under conveyances executed by Ahmad Husain or his heirs. In