Judgement

KHANNA, J.:- This is an appeal by special leave against the judgment of the Allahabad High Court reported in AIR 1973 All 249 affirming on appeal the decision of the trial court whereby a decree for possession of the property in dispute had been awarded in favour of Capt. J. N. Mitra deceased-plaintiff, now represented by Rma Krishna Mission and other respondents, against Smt. Dayali Devi and Smt. Deva Devi deceased-defendants, now represented by Sant Narain Mathur and other appellants. Although the question involved in appeal lies within a narrow compass, the case has a long history going back to the end of the last century, and it would, therefore, be necessary to set out the detailed facts, Dr. Chandan Singh who hailed from Pilibhit settled in Dehra Dun towards the end of the last century. Dr. Chandan Singh had two sons Tegh Singh and Shamsher Singh and two daughters Deve Devi and Lachmi Devi. Dayali Devi was the wife of Shamsher Singh. On March 26, 1897 Dr. Chandan Singh executed a will. After making provision for the maintenance of his two wives and the marriage expenses of daughter Deva Devi, Dr. Chandan Singh bequeathed his estate in equal shares to his sons Tegh Si