Judgment

SHAH, J. :-

This appeal relates to lands which originally belonged to one Beli Ram son of Ananda. Beli Ram died leaving him surviving his wife Rukhma Bai and his daughter Vitha Bai, and on his death his property devolved upon Rukhma Bai as a limited owner. By a deed dated July 26, 1916 Rukhma Bai sold the lands to one Mukund Deo for Rs. 600/- (O.S.) and delivered possession of the lands to the vendee. Rukhma Bai died in 1940. The respondents to this appeal who were the sons of Vitha Bai commenced on February 21, 1944 an action against the transferee Mukund Deo in the court of the Munsiff, Mominabad Taluk, for a decree for possession of the lands sold by Rukhma Bai. They alleged in their plaint that they were governed by the Mayukha school of Hindu Law, that the sale of the lands by Rukhma Bai was not supported by legal necessity and that on the death of Rukhma Bai they became entitled to the lands as the nearest reversioners to the estate of Beli Ram. Mukund Deo contested the claim contending, inter alia, that the sale by Rukhma Bai was for legal necessity, that Vitha Bai had survived Rukhma Bai and that Vitha Bai had during her lifetime assented to the alienation and had th