Misra, J.

1. This appeal arises out of a suit by plaintiff-respondent for a declaration of title and for khas possession. Plaintiff 2 was impleaded in the suit with an alternative prayer that in case of failure of plaintiff 1 to succeed in his title, title of plaintiff 2 might be declared and khas possession might be delivered to plaintiff 2, who, however died during the nendency of the suit. The dispute relates to 12 and odd acres of land which, admittedly, belonged to one Chero. Chero had two sons, Fagua and Nathu.

Fagua had two sons, Khedu and Manglu. Manglu left for Bhutan and has not since been heard. Khedu has two sons, Ignace and Champa. Ignace is next friend of plaintiff 1, who is a minor. Nathu had three sons, Tema alias Temba, Harbu and a third son who is dead. Temba was plaintiff 2. Harbu had a son, Thope alias Ramis Nathu Kerketta. Thopes son is Lawrence, a minor, plaintiff 1. The case of the plaintiffs is that the suit land which belonged to Chero fell after his death to the share of Thope and was so entered in the record of rights. Thope went to Bhutan leaving his property in charge of his widowed mother, Damia. Dhamia used to do part-time work in the house of