JUDGMENT

Shivaraj V. Patil, J.-This appeal is filed by the plaintiffs assailing the judgment and decree passed by the High Court in a second appeal reversing the judgment and decree of the first appellate court affirming the judgment and decree of the trial court.

2. The plaintiffs filed suit against the defendants for possession of shares in the suit properties. The trial court as well as the first appellate court concurrently held that the original plaintiff Surtu was daughter of Basanti, who had inherited the life estate in the property of her husband Sihnu and his brother Nainu; that the parties are governed by custom on which a widow having life estate in the ancestral property does not have the right of alienation. In view of these concurrent findings it was held that the oral gift made by Basanti in favour of Ram Ditta and Khazan on 20th February, 1936 in respect of the suit properties was void and not binding on Surtu. Ram Ditta and Khazan have been held to be collaterals of Sihnu within fourth degree, who would have inherited the suit lands after the death of Basanti, had she died before coming into force of Hindu Succession Act. Their defence that gift was made by way of s