PARKASH CHAND Vs. BOHLU DEVI

JUDGEMENT

(1.) The defendants/appellants are in second appeal before this Court. Suit filed by the plaintiffs/respondents was partly decreed by the learned trial court against which two separate appeals were filed by both the sides and stand dismissed. The judgment and decree passed by the learned Court, thus, stands affirmed in first appeal. The plaintiffs/respondents have not laid any challenge to the decree passed by the learned first appellate. Parties, herein -after, in the judgment shall be referred to as plaintiffs and defendants.

(2.) One Twarsu is conceded to be the common ancestor of the parties and the property is said to be ancestral. Twarsu was the last male holder, who held the property in dispute as owner and he is said to have died issueless. He left behild two widows Mst. Maina and Mst. Gaurju. Mst. Maina came to occupy the suit land and made a gift of a part of this land in favour of Wazira, who was defendant No. l. This gift was made way back on May 27, 1949.

(3.) The plaintiffs claiming to be the reversioners of Twarsu, filed a declaratory suit laying challenge to the alienation which was in respect of the property (A). The said suit was decreed and the alienation was declared inoperative so far as the rights of the plaintiffs as reversioners, were concerned. Appeal filed by Mst. Maina was dismissed. The judgment and decree has, thus, attained finality. Defendant No. l is further alleged to have sold a part of the land in dispute in the year 1950. Mst. Maina has admittedly died on April