ORDER

This appeal has been filed on behalf of the defendant to the suit in question. Respondent Nos. 1 and 2 (hereinafter to be referred to as the respondents ) filed the aforesaid suit for declaration that the registered sale deed dated November 12, 1960 executed by their mother (respondent No. 3) in favour of the appellant was invalid because on that date she had no title over the lands in question. On behalf of the respondents it was asserted that their mother after the death of their father, Khuman Singh some time in the year 1955-56 remarried in the year 1958 and because of that she forfeited the right to the lands which had devolved on her as widow.

2. There is no dispute that Khuman Singh, the father of the respondents was a pakka tenant in respect of 23 Bighas of land in Khata No. 27 which is the subject matter in dispute. He died some time in the year 1955-56 before coming into force of the Hindu Succession Act (hereinafter referred to as the Succession Act ). according to the respondents, their mother had become a pakka tenant after the death of their father under the provisions of the Madhya Bharat Land Revenue and Tenancy Act (hereinafter to be referred to as the Tena