P.K. Tare, J.

1. The plaintiffs have filed this appeal against the dismissal of their suit by Shri S. Rafiullah, Additional District Judge, Chhindwara dated 30-12-1953 In Civil Suit No. 9-A of 1952. A separate finding was recorded leading to the judgment and decree which are the subject of this appeal.

2. It is necessary to reproduce the respondents' family tree for a proper appreciation of the facts.

ZULFEKAR ALI KHAN | Mst. ... (wife) = K. B. All Raja Khan = Smt. Hasnoobi | | __________________________________________ | | | | | Umardarajali Khan Tahasin Ali Khan Vilayatalikhan | | | | Himayat Ali Khan | | _______________________ | | | | Atefat Ali Khan Matin Ali Khan | | ____________________________________________________________________________________ | | | | | Mashia Ali Khan Ayadat Ali Khan Ashiq Ali Khan Aftab Ali Khan Mst. Anwar Begum.

The said genealogical tree was admitted by the defendants.

3. Mst. Hasnoobi for self and as guardian of her minor sons Aahiq Ali, Aftab Ali and minor daughter Mst. Anwar Begum and her major sons executed a mortgage by conditional sale dated 7-7-1924 in favour of Dalchand (original plaintiff 1 since deceased), and the other plaintiffs.