( 1. ) THE order of this appeal shall also dispose of Misc. (Second) Appeal No. 40 of 1958 and Misc. (Second) Appeal No. 69 of 1958.

( 2. ) FOR understanding the question involved in the three appeals, a few facts relevant for the purpose may shortly be stated. Sunderlal and three others, plaintiffs Nos. 1 to 4, formed a Joint Hindu family. Kashiram, Champalal and Anant-lal (defendants Nos. 1 to 3) were members of another joint Hindu family. All the aforesaid members of the two joint families were partners in a partnership owning a Ginning and Pressing Factory at Khirkia (hereinafter called the partnership property ). In execution of a decree against the joint Hindu family consisting of Sunderlal and three others (plaintiffs Nos. 1 to 4), Gopaldas, Purshot-tam and Khatau (plaintiffs Nos. 5 to 7) purchased the Interest of Sunderlal and others in the partnership property. Thereafter, plaintiffs Nos. 5 to 7 as transferees of the interest of the first foui plaintiffs in the partnership property filed Civil Suit No. 10-B of 1940 for an account of profits of their transferors interest in the said property and for its payment to them. This suit failed because plaintiffs Nos. 1 to