1. The Judgment of the Court was delivered by Mudholkar J.--This judgment will govern the decisions of First Appeal no. 74 of 1940 and Second Appeal no. 108 of 1940 also.

2. This appeal and First Appeal no. 74 of 1940 arise out of Civil Suit no. 29-A of 1936, on the file of the Second Subordinate Judge, First Class, Jubbulpore, while Second Appeal no. 108 of 1940 arises out of Civil Suit no. 180-A of 1938, on the file of the Second Subordinate Judge, Second Class, Jubbulpore. In Civil Suit no. 29-A of 1936 the plaintiffs-respondents claim partition and separate possession of a 7/36th share in five houses in Jubbulpore nos. 74, 447, 458, 468 and 631, and also mesne profits for three years amounting to Rs. 2,034 plus interest thereon at 1 per cent, i.e., Rs. 393-4-0, in all amounting to Rs. 2,427-4-0. They claim to have purchased this share from one Amir Khan, the step-brother of appellants 1 to 3 and the step-son of appellant no. 4. In Civil Suit no. 180-A of 1938 one of the appellants claims rent for a portion of house no. 458 from the plaintiffs-respondents and their ejectment there from.

3. It is admitted that the property in suit and a house at Bhopal were the property of