Judgement

S. R DAS J.: This is an appeal by the plaintiff in a suit for a declaration of his title as collateral within four degrees of Gurdial, who was Sarswat Brahmin, resident of Pathankot in the district of Gurudaspur and the last male holder of the properties in suit.

2. Gurdial died many years ago, leaving certain lands in villages Bhadroya, Kingarian and Pathankot, Tehsil Pathonkot in the district of Gurudaspur, and leaving him surviving his widow Mt. Melo and a daughter Mt. Maya Devi, the respondent before us. Some time in the year 1926, a portion of the land in village Bhadroya was acquired for the Kangra Valley Railway and a sum of Rs. 1,539-7-0, was awarded to Mt. Melo. On an objection by the appellant this amount was deposited in the Court of the Senior Subordinate Judge, Gurudaspur, with a direction to pay the intrest on the amount to Mt. Melo.

3. On 28-9-1944 Mt. Melo died and the Revenue Courts ordered mutations in respect of the lands in the three villages in favour of the respondent as the daughter of Gurdial.

4. On 10-3-1945 the appellant filed the suit out of which this appeal arises against the respondent for a declaration that he was entitled to the lands mentione