Judgment

SINHA J. - This is an appeal by leave of the High Court of Judicature at Bombay from the decision of a Division Bench of that Court reversing that of the trial Court in respect of items 3,4 and 6 in the list of the properties attached to the plaint as the subject-matter of the dispute. In respect of the other items of the property in dispute the Courts below have given concurrent decisions and that part of their judgements is no more in controversy at this stage. The three items aforesaid of the property along with the others in dispute had been decreed in favour of the original plaintiffs 2 and 3 as Watan property. But on appeal by the third defendant, the High court reversed the decision of the trial Court only in respect of those three items and confirmed the decision of the trial Court in respect of the rest of the plaint properties.

2. The propositus was one Shreemant who died on 23-11-1941 leaving him surviving his wife Radhabai. Radhabai died on 9-5-1945 and on her death the dispute arose between the reversioners on the one hand including the plaintiffs 2 and 3, appellants in this Court, and the defendants on the other who claimed by virtue of alleged adoptions said t