facts :- The property in suit which consisted of (1) a house survey No. 39, and a wada, (2) survey No. 267, (3) survey No. 268, (4) Survey No. 355 and (5) survey No. 361 originally belonged to one Chhatia who was one of the four or five sons of Butal. One Jinia was the full brother of Chhatia, while Harji and Devla were his step-brothers. In the year 1921 Chhatia died childless, leaving him surviving a widow by name Jibai. Prior to his death, Ghhatia executed a writing called a will on 8th September 1921. Under this will Chhatia purported to give survey No. 39 and survey No. 355 to his wife Jibai for maintenance and he gave survey Nos. 267, 268 and 361 to Mathur who was his nephew, being the son of Harji, his stepbrother. In about the middle of 1922 Bai Jibai contracted re-marriage called natra marriage and she died in 1935.

On 10th April 1922, Jibai sold to Mathur, the nephew of Chhatia, survey No. 39 and survey No. 355, the object of the sale being to pay off the debts mentioned in the sale deeds. Then in the year 1925 Mathur mortgaged four lands and the three lands which he had got under Chhatias will to one Pitambar in order to secure Rs. 2,999. On 13th May 1926, Mathur