(1.) This is an appeal against the judgement and decree dt. 28th Oct. 1969 passed by the Civil Judge, Saharanpur in Original Suit No. 12 of 1965 dismissing the suit with costs to, defendants 1 and 2.
(2.) The dispute relates to the following property :-
(3.) The property in suit along with other property belonged jointly to Bhagwan Das and his brother Banwari Lal. Banwari Lal had a son Bansukh Rai and defendant 5 Mithan Lal is the son of Bansukh Rai. Bhagwan Das had two sons and one daughter viz., Banarsi Das, Ramji Das and Smt. Pisto Devi, Bhagwan Das died sometime near about 1901 leaving behind his widow Smt. Nirma Devi, two sons and one daughter. Banarsi Das died in 1911. He left behind his widow Smt. Kishan Devi. Ramji Das died on 22nd July 1912. He was succeeded by mother Smt. Nirma Devi.