GULAB C. GUPTA, J.

( 1 ) THIS is defendants' first appeal under S. 96 of the Civil P. C. against the judgment and decree dated 21-11-1985 passed by Shri K. C. Agarwal, First Additional Judge to the Court of District Judge, Sagar in civil suit No. 24-A/ 1982, allowing the respondent's suit for declaration and directing the appellants to hand over the vacant possession of the suit house to the respondent.

( 2 ) THE dispute between the parties is about houses Nos. 359 to 374 situate at Itwari Tori, Sagar. Appellant Abdul Gafoor claimed ownership of the said house on the basis of will dated 28-11-1956 (Ex. D/ 1) executed by one Munnilal who was a eunuch, in his favour. The said Abdul Gafoor sold the suit house to appellants Nos. 1 and 2 by a registered sale deed dated 19-9-1977. The case of the respondent-plaintiff is that he is a eunuch and was a Chela of Munnilal, who died some times in 1957. Munnilal admittedly was the chela of Nasiban, another eunuch. According to the respondent, eunuchs are a class by themselves and follow Guru-Chela system under which the property in the hands of Guru passes on to his chela. According to the respondent, a Guru in his community cannot transfer the

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