Judgment

K. RAMASWAMY, J.-This appeal by special leave by the legal representatives of the plaintiff, Bhikubai, arises from decision in First Appeal No. 90 of 1962 of the High Court of Madhya Pradesh, Indore Bench, dated July 18, 1982 reversing the decree of the trial court in O.S. No. 29 of 1951 filed for possession and mesne profits of two houses, Nos. 88 and 89 situated at Nandlalpura, Indore City, mentioned in the plaint schedule. In this appeal, we are only concerned with house No. 88 as the parties have settled their dispute regarding the other house. The admitted facts are that one Hariba Bhagwat of Mouza Pisore village had a son by name Appaji and a daughter Bajabai. Appaji in turn had a son by name Rakhmaji and a daughter Bhikubai (the plaintiff). Bajabai was married to Ganpatrao Page of Madhavagoan village. As they were issue-less they adopted Rakhmaji. Both the villages are situated in Ahmednagar District of Bombay Province. They are Dhangars (shepherd) by caste. All of them migrated to Indore. Rakhmaji died in 1918 and Sonubai his childless widow succeeded to the two houses and other properties as limited owner. She gifted house No. 88 to Shankar Lanke, a brahmin, first