JUDGMENT

S.N. Variava, J.-This Appeal is against an Order dated 13th July 1982 in a Second Appeal No. 2100 of 1973 wherein the High Court has proceeded to appreciate evidence and on questions, purely of fact, overruled concurrent findings of facts by two Courts below. Cross objections have been filed by the 1st Respondent against directions in the impugned Judgment to have ascertained, amongst others, the state of the different parts or portions of the suit property and improvements made therein and their value.

2. Briefly stated the facts are as follows :

On 30th August 1902 Smt. Lakshamania widow of Narayan Sonar mortgaged two houses and twenty trees in favour of Ram Charan Sonar. The mortgage was for a sum of Rs. 499/-. It is claimed by the Appellants that Ram Charan Sonar and his brother Swaroop Sonar were already staying in the suit property with Narayan Sonar. The said Smt. Lakshamania died on 3rd November, 1908.

3. One Smt. Piyari, claiming to be the nearest heir of the husband of Smt. Laxmina, filed Suit No. 328 of 1908 and made a claim to the suit property. This Suit was dismissed on the ground that Smt. Piyari was not an heir of Shri Narayan or of Smt. Lakshamania.

4. One Shr