Judgement

WANCHOO, J. : This is an appeal on a certificate granted by the Patna High Court. A suit was brought by the plaintiffs-respondents for a declaration, and in the alternative for possession, in respect of certain properties. It was prayed that a deed of gift executed on July 31, 1953 by Mst. Phuljhari Kuer in favour of the appellant Ramrati Kuer was not binding on the plaintiffs-respondents. Mst. Phulijhari Kuer was originally a defandent but died during the pendency of the suit. The case of the respondents was that the common ancestor of the parties Ramcharan Singh had three sons, namely, Ramruch, Uttim Narain and Basekhi Singh. After the death of Ramcharan Singh, his three sons separated in status though the properties were not divided by metes and bounds. Uttim Narain died sometime before 1900 leaving a widow Mst. Zira Kuer but no children, and Mst. Zira in her turn died in 1943. Ramruch had a son Basudeo Narain. According to the respondents, Basudeo Narain died during the life-time of his father sometime about the revisional settlement which took place between 1917-1920. As Basudeo Narain was the only son of Ramruch the latter was greatly grieved on his premature death a