( 1 ) THIS revision-petition arises out of a suit filed on behalf of plaintiff Laxminaram s/o Tulsiram minor by his mother Anandibai as his guardian against defendants ramsarup and plaintiff's father Tulsiram under the following circumstances. There are two houses in Lashkar, which are said to be the ancestral property of plaintiff and his father. Plaintiff claimed half share in these houses. These two houses were mortgaged by plaintiff's father Tulsiram with defendant No. 1 Ramsarun and the money thus procured had been wasted for illegal and immoral purposes including gambling and not for the purposes of the family. The defendant Ramsarup later filed a suit and obtained a decree against Tulsiram and sought to sell the mortgaged property in execution of that decree. Plaintiff's case is that the decree obtained by Ramsarup was collusive and was intended to cause loss to his rights. A case was also set up in the alternative that there had been partition between him and his father Tulsiram and that the plaintiff was in possession as owner. The plaintiff prayed for the following relief on these allegations.

(1) The plaintiff is entitled to one half share in the property in