JUDGMENT

Sulaiman, J. - This is a defendant's appeal arising out of a suit for declaration of title and joint possession. The properties have been given different momenclatures. I, however, adopt those given in the lower appellate Court's judgment. The plaintiff's case was that Jaipal, the common ancestor, was joint with his four sons and grandsons, and while the family was joint, properties in lists A, B, C, D and E, were acquired under permanent leases, and were joint family properties and that later on property in list F was acquired out of the joint family funds, though in the name of Deo Narrain, defendant. The plaintiffs allege that Jaipal died in 1922, while still joint, and they have, therefore, an interest in all the properties in suit.

2. Deo Narain Singh and others contested the claim on the ground that Jaipal separated from his sons before 1916, that properties in lists A, B, C and D were the exclusive properties of Jaipal, and that under a will, dated the 10th of February 1916, he gave properties in lists A, B, C and D to the defendants, who have acquired exclusive title thereto. It was further pleaded that properties in list E were not covered by the leases, but were su