JUDGMENT

Johnstone, J. - The parties to this appeal are Muhammadan Rajputs of Garhshankar, a small town of about 5,000 inhabitants, in the Hoshiarpur District. Seven plaintiffs instituted the suit and were later on joined by an eighth, defendant 5, mentioned in the plaint. These eight persons claim to be, and it is not denied that they are, reversioners in the third degree of one Chaudhri Ghulam Jillani Khan, who died in 1912, leaving a widow Mt. Basri (defendant 1) and three reputed sons (defendants 2 to 4) by Mt. Begam. There are also two daughters, one of whom was married but had no child when the suit was brought, while the other was at the date of institution an unmarried minor, but has since married and given birth to a son.

2. Defendants 2 to 4 claimed to be the legitimate sons of the Chaudhri by Mt. Begam, who was formarly a tawaif, i.e., dancing girl or prostitute by profession.

3. On the death of the Chaudhri mutation was effected in the revenue papers and with the consent of Mt. Basri defendants 2 to 4 succeeded to half the estate. Against this order the plaintiffs appealed to the Collector who held that defendants 2 to 4 ware illegitimate and directed mutation to be made in the name of Mt. Basri only. An appeal to the Commissioner against the order of the Collector; was unsuccessful.

4. The next step was taken by defendants 2 to 4, who instituted a declaratory suit against Mt. Basri only. The appellants obtained information of that suit and applied to be made parties. The Court refused to implead them and, on Mt. Basri's confessing judgment, a decree was passed in favour of defendants 2 to 4 to the affect that they were in possession of half the estate as sons and heirs of the deceased Chaudhri, A petition for revision filed by the Collector in the Chief Court was rejected.

5. The present suit was filed by the plaintiffs in January 1919. After explaining the previous history the plaintiffs prayed for a declaration (a) that defendants 2 to 4 are not the sons of the deceased Chaudhri and (b) that the decree obtained by defendants 2 to 4 in collusion with Mt. Basri is invalid and shall not affect their own rights as reversioners.

6. Various preliminary pleas were preferred by the defendants. Those relating to the status of the plaintiffs as reversioners of the deceased and to the question of limitation have been abandoned. The other main preliminary pleas were (a) that the plaintiffs had no locus standi to sue in the presence of daughters and particularly of the unmarried daughter, and (b) that while part of the property in suit is ancestral, the other part is self-acquired. On merits it was pleaded that defendants 2 to 4 were the legitimate sons of the Chaudhri, that they had been admitted by the brotherhood and even by some of the plaintiffs as sons of the Chaudhri and had been acknowledged by the Chaudhri himself as legitimate sons. It was denied that Mt. Begam was not the lawful wife of, and married to the Chaudhri.

7. On these pleadings issues were framed and the lower Court came to the following findings:

(a) That the plaintiffs had a locus standi to sue.

(b) That there was acknowledgment by the, Chaudhri of paternity if not of legitimacy.

(c) That the alleged marriage between him and Mt. Begam was not proved, and was in fact disproved.

(d) That at the time when defendants 2 to 4 were born Mt. Begam was living at her own house as a prostitute, and

(e) That they, having been born out of wedlock in such circumstances could never have acquired the status of legitimate sons, even if acknowledgement of legitimacy had been proved.

8. On these findings the plaintiffs' suit was decreed with costs against defendants 2 to 4.

9. Since the passing of the decree and institution of the appeal Mt. Basri had died and her daughters have been brought on to the record as her legal representatives. The decision in this appeal will in no way affect their rights as heirs of Ghulam Jillani Khan.

10. The first question which calls for a decision is w