1. This judgment governs Miscellaneous (First) Appeal No. 242 of 1939 and Miscellaneous (First) Appeal No. 263 of 1939. There are four brothers, Sitaram, Ganpati, Balaji and Dewaji. Of these Balaji was in possession of the property of their agnate Narayan in virtue of an alleged adoption; but his natural brothers brought a suit against him for partition of the property on the ground that he was not Narayan's adopted son. This suit was filed on 4th April 1928. It was dismissed by the trial Court but decreed on appeal by the Court of the Judicial Commissioner on 1st April 1933 on the following terms :

It is ordered that the decree of the lower Court be set aside and a decree for the plaintiffs declaring them entitled to possession of a 3/4th share of the property in suit and directing a partition be passed.

2. The successful plaintiffs made an application for execution on 19th February 1936 to be placed in possession of a 3/4th share of the property mentioned in the schedule attached to the execution application.- It appears that a warrant was issued for delivery of the 3/4th share of the property, and that obstruction took place on the part of the appellant Tilok-chand. An app