M.HIDAYATULLAH, J. (For himself, K. C. Das Gupta, J.C.SHAH and N. Rajagopala Ayyangar, JJ.);

(1) THIS appeal with the special leave of this court, is against the judgment: dated 7/01/1954, of the Judicial Commissioner of Ajmer in Civil First Appeal No. 28 of 1953, by which the judgment of the Senior Subordinate Judge Ajmer dismissing the suit of the first respondent was reversed.

(2) THE facts of the case are as follows: One Thakur Banspradip Singh was the Istimrardar of Sawar. He died on 28/09/1947, leaving no male issue either by birth or by adoption. After his death, the court of Wards took over the estate, and a notice under S. 24 of the Ajmer Land and Revenue Regulation, 1877 (Regulation (No. 11 1877) was issued inviting claims to the estate. One Thakur Khuman Singh, who was the father of Thakur Laxman Singh (respondent No. 1), Thakur Brij Raj Singh (appellant No. 1) and Thakur Inder Singh of Rudh (respondent No. 2) preferred claims. While this enquiry was pending, Thakur Khuman Singh died, and Thakur Laxman Singhs name was substituted in his place. During the enquiry, the Deputy Commissioner referred some interlocutory matter to the Chief Commissi