Judgment

S.B. Sinha, J.—The first defendant in the suit is in appeal before us. The plaintiff-respondents filed a suit for possession and permanent injunction being Suit No. 218 of 1994.

2. One Shadi admittedly was the owner of the suit property. He left behind his widow, Indira Devi, who inherited the same. On or about 7.1.1955 by a deed of gift Indira Devi donated the suit property in favour of the Appellant herein. One Harnama son of Jatti and Nathu son of Chetu (as reversioners of said Shadi) filed a suit being Suit No. 204 of 1957 challenging the legality of the said deed of gift, contending that said Indira Devi had a limited life interest therein.

3. In terms of a judgment and decree dated 31.1.1958, the said suit was decreed. The said Indira Devi is stated to have died subsequently. Her date of death is not known. The Appellant - First Respondent contended that she died at Haridwar in the year 1961. While filing the aforementioned suit on 7.7.1994, the Respondents raised a plea that as she was not heard for a period of seven years prior thereto, by them and by others who would have heard from her had she been alive, she was presumed to have been died.

4. The plaintiffs-Responde