Bhagwati, J.

[1] This is a first appeal from the decision of the Assistant Bar Nyayadhish of the State of Rajpipla decreeing the plaintiffs claim.

Chhotalal Mulji, Maganlal Mulji and Sampatram Mulji were three brothers. Sampatram died on or about 24-1-1943, leaving him surviving his widow Bai Rukmini. During his lifetime Sampatram had acquired a usufructuary mortgage in respect of certain lands under a deed of usufructuary mortgage dated 4-7-1932, executed by Gumansingh Parabatsing, Hamirsingh Prabatsingh and Gemalsingh Parbatsingh of Pran-kad. On 16-6-1942, Bai Rukmini made a gift of one house situated at Naibhagol and the amount due under this deed of usufructuary mortgage to her brother Ravishankar Manishankar Pandya. On 10-10-1949, Ravishankar Manishankar Pandya executed a deed of trust in favour of certain trustees including himself for establishing "Bai Bukmini Balvikas Trust Fund" and transferred the property which had been thus gifted to him by Bai Rukmini to the trustees. Bai Rukmini died some time thereafter and Chhotalal Mulji and Maganlal Mulji, the brothers of Sampatram Mulji, claiming as the surviving coparceners of the joint family or in the alternative as the