JUDGMENT

The appellants are the legal representatives of Ram Prasad and successor to one Umrao Singh, brother of Bahadur Singh. Bahadur Singh and Umrao Singh were the sons of one Ganga Ram, residents of village Salarpur, Pargana Mooth, Tehsil Hapur, Dist. Meerut, U. P. The dispute relates to Khata No. 66 of that village. Bahadur Singh died intestate leaving behind his widow, Smt. Jivani. Bahadur Singh was in possession of the Khata No. 66 as a tenant under Chetan Prakash and Jiwan Lal, brothers, land holders at that relevant time. It is the appellants case that Smt. Jivani had life estate in the agricultural lands in Khata No. 66. On her demise, being lineal descendants of Bahadur Singh, the appellants are entitled to succeed to his estate as owners of the land therein. The proceedings ultimately ended against them.

2. While Jivani was in possession and enjoyment of the lands, it would appear that the respondent, Jwala Singh made an application on July 9, 1951 along with an affidavit filed in the proceedings under S. 59 of U. P, Tenancy Act, 1939 for short. Tenancy Act and an ex parte decree was obtained "that the parties had come to terms. The suit was therefore, decreed in terms of