JUDGMENT

S.B. Majmudar, J.-The appellants who are the heirs of one Bai Lachhmu, are the original plaintiffs whose suit for possession against the respondent-donees of suit agricultural lands claiming through the donor Bai Utti came to be decreed by the Trial Court and which decree was confirmed by the District Court but who lost before the High Court in Second Appeal and consequently their suit for possession came to be dismissed by the High Court.

2. A few relevant facts leading to the present proceedings by special leave to appeal under Article 136 of the Constitution of India may be noted at the outset. The suit lands originally belonged to one Bali Ram. Said Bali Ram made a Will of his properties dividing equally the suit properties between his second wife Bai Utti and his daughter from the first wife Bai Lachhmu through whom the appellants claim. The legatees under the said Will of Bali Ram were his second wife and his daughter from the first wife who inter se were step-mother and step-daughter respectively.

3. Said Bali Ram died on 25th July 1946. Thereafter Lachhmu claiming her half share in the properties on the basis of the Will of her father Bali Ram filed a Civil Suit on 5t