An executed a mortgage over certain lands including a well in favour of B, alleging that they were his self- acquisition. B filed a suit on his mortgage, obtained a decree and in execution purchased the properties and got into possession of them. Then C, one of the sons of A filed a suit along with his brothers and nephews for a declaration that the properties were joint family portion in which A had only sixth share that B acquired by his purchase only that 116 shares and that he had no right to close the well on the land. That was decreed. Then C and his sons filed a suit to recover the properties in the possession of B on the ground that they were joint family properties.