JUDGMENT

Ram Lall, J. - The following pedigreetable will help in understanding the facts of this case.

(for pedigree see next page)

2. It is necessary to note in order fully to follow the names in the pedigree table that there is a custom in this family by which the eldest grandson is given the same name as the

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grandfather. The plaintiffs are the sons of Nawab Hidayat Ali Khan who was born in 1886. The dispute relates to a property situate at Lahore known as the Mubarak Haveli. The plaintiffs' case is that this haveli originally belonged to Nawab Ali Raza Khan, the common ancestor of the plaintiffs and and defendants 1 to 4 and 13 and 14. On the death of Ali Baza Khan, his three sons Nawazish Ali Khan, Nasir Ali Khan and Nisar Ali Khan entered into possession of their respective shares of the property which descended to them including the Mubarak Haveli. On the death of Nawazish Ali Khan in 1890 bis share devolved on his son Hidayat Ali Khan and after him on his two sons who are the plaintiffs in the case and who sue therefore for possession by partition of a one-third share in the Mubarak Haveli. Nasir Ali Khan's one-third share devolved on Mohammad Ali Khan who sold it to defend