Judgment

WANCHOO, J. : This appeal on a certificate granted by the Allahabad High Court arises out of a suit filed by Mrs. Bose (Plaintiff-respondent) by which she claimed a declaration that she was the owner of house No. 195 Ghasiarimandi Road, Lucknow, or in the alternative a declaration that she was the owner of two thirds of the house. The previous history of litigation with respect to this house is relevant and may be set down. The house originally belonged to Dr. Miss Mitter, who died in July 1925. At the time of her death she left three sisters, namely, the appellant Mrs. Judah, the plaintiff-respondent Mrs. Bose and the defendant-respondent Mrs. Momin, and her mother Mrs. Mitter. The plaintiff s case was that Dr. Miss Mitter had made a will in favour of Mrs. Momin in April 1921 by which she gave the whole house to her. Mrs. Momin in turn made a gift of the house to the plaintiff who thus became the owner of the house. The defence of the appellant on the other hand was that Dr. Miss Mitter had executed a will in June 1925 bequeathing the house to her mother Mrs. Miter. Subsequently the mother made a will in favour of the appellant in April 1930. It appears that no probates of