Judgement

Consolidated Appeal (No. 12 of 1945) resulting from the consolidation of two appeals, appeal No. 5 of 1942 and appeal No. 6 of 1942, from two decrees of the High Court (October 28, 1941), which affirmed two decrees, one of the Court of the Special Judge, First Class, Shahjahanpur, and one of the Court of the Civil Judge, Shahjahanpur, both dated January 14, 1939.

The following facts are taken from the judgment of the Judicial Committee. Appeal No. 6 of 1942 arose out of a suit (suit No. 2 of 1938) instituted (by appellant No. 1 and one Fida Ali Khan, on whose death appellants Nos. 2 to 5 were brought in as his representatives, for the recovery of certain property in the Shahjahanpur District. The respondents Nos. 1 to 4, hereinafter called the Mahbub brothers, and their respective wives respondents Nos. 5 to 8, to whom they had purported to transfer parts of the said property, were the defendants in the said suit. The suit was dismissed by the Civil Judge, Shahjahanpur, and the dismissal was confirmed by the High Court on appeal. Appeal No. 5 of 1942 arose out of an application, dated July 27, 1936, by three of the respondents in the above appeal under s. 4 of the United