ORDER

The facts as found by the High Court are that at a point of time, Smt. Udwantia was the owner of the estate left by her late husband - Thakur Mahto. In the presence of her daughter Ram Deiya, she gifted her property to Ramdas Mahto, her grandson, the son of Ram Deiya. This Ramdas Mahto deprived himself of the property by effecting two sales and by suffering an auction sale. Ram Deiya filed a suit, out of which this appeal has arisen, to claim that her mother Udwantia being a limited owner, could not have gifted the property to Ramdas Mahto, the latter s son and, thus, she pleaded for return of the properties, by then in the hands of the transferees and the auction purchaser. The suit was decreed by the trial court. The first appellate court of the Additional District Judge confirmed the same. At the second appellate stage before the High Court, the plaintiff - Smt. Ram Deiya - died and her son, Ram Das Mahto, who was a defendant in the suit, succeeded to the estate. It was then that an argument was built that since Ram Das Mahto had succeeded to the property, any defect in title to those sales stood rectified and omission(s) supplied by the thrust of the provisions of Sections