JUDGMENT

1. This is a first appeal from a decision dated 28th April 1931 of the learned Additional Subordinate Judge of Muttra. The suit was brought by one Mt. Asghari Begam and her daughter Mt. Rabia Khatun for a declaration that they and certain other defendants, who were described in the plaint as defendants of the third and fourth party, are the absolute owners of a certain mahal called the Kirpa Shankar mahal in a village called Shazadpur Gujar in the Muttra District. Of the defendants originally impleaded as defendants of the third party, Defendant 13, Irshad Husain Khan, died, and was succeeded by his mother Mt. Moti Begam, his widow Mt. Afsari Begam, and his sister Mt. Siddiqi Begam. There were three defendants of the fourth party; as regards them no change took place during the pendency of the suit. The facts are somewhat complicated but briefly stated they are as follows.

2. The property in question was originally owned by two men named Bijai Singh and Krishna. It was mortgaged by them to one Ayaz Khan. Afterwards Indar, a grandson of Krishna, on 14th February 1874 sold his share (2 biswansis) to one Kirpa Shankar, in 1875, by two agreements evidenced by documents dated res