Judgment

HEGDE, J.: This appeal by special leave arises from the decision of Madhya Pradesh High Court in second appeal No. 938 of 1965 on its file.

2. The facts found which are no more in dispute, and relevant for the purpose of deciding the question of law arising for decision in this appeal may now be briefly stated. One Gulli Gotamia had two sons by name Girdharilal and Nandoo. From the material on record, it is not possible to find out the date of death of Gulli Gotamia but admittedly he died leaving behind him his aforementioned two sons, Girdharilal and Nandoo were divided. Girdharilal died on May 17, 1920. His first wife had predeceased him. But at the time of his death, his second wife Ladli Bahu was alive. On his death his widow took possession of his properties. Girdharilal s brother Nandoo had two children, Gajadhar and Lachhi. Lachhi died issueless. Gajadhar also is dead. He has two children Dindayal (1st defendant) and Prameshwar Dayal (second defendant) Girdharilal had a daughter from his pre-deceased wife by name Konsa Bai. She died in 1943. Ladli Bahu had a daughter by name Nanni Bai who died in 1941. The children of Nanni Bai, Narbada Bai, Raja Ram, Ram Narain and G