( 1 ) THE appellants are the plaintiffs. They had purchased house No. 588 situate in jawaharganj ward of the Jabalpur town from Hamid Ali Shah (defendant No. 1)and Ahmad Ali Shah (defendant No. 2), sons of Mohammad Ali Shah, by a registered sale deed dated 2-6-1945. In pursuance of the aforesaid sale, they also entered into its possession. The house in suit belonged to Mohamma Ali Shah, and the vendors, defendants Nos. 1 and 2, were only two of the heirs of the deceased mohammad Ali Shah. In the year 1945 the other heirs of Mohammad Ali Shah, defendants Nos. 4 to 9 (respondents Nos. 4 to 9) filed a civil suit, No. 68-A of 1945, in the Court of the additional Civil Judge, Class II, Jabalpur, against the plaintiffs only, claiming their share in this house No. 588 on the ground that Hamid Ali Shah and Ahmad Ali shah, two of the heirs of the deceased Mohammad Ali Shah, had no right to alienate the shares of defendants 4 to 9 in the suit property. The appellants who were the defendants in that case objected to the suit on the ground that a claim for partial partition was incompetent and that the entire property of the deceased Mohammad Ali Shah should have been made avail