Raj Kishore Prasad, J.

1. These two second appeals arise out of two appeals preferred before the Court of appeal below, and have been heard together with the consent of the parties, as they arise out of one and the same suit.

2. S. A. 730 of 1950 is by the plaintiffs, arising out of Title Appeal 83/6 of 1948/50, preferred by defendant 5 in the matter of cost only, which was allowed by the Court of appeal below, and the decree for cost awarded against defendant 5 was set aside. S. A. 771 of 1950 is also by the plaintiffs arising out of Title Appeal 91 of 1948, allowed by the Court of appeal below, reversing the decision of the first Court, and dismissing the plaintiffs suit.

3. The facts material for determination of the present appeals may briefly be stated thus: The suit, out of which the present appeals arise, was originally instituted by Mr. M. Nunawati on 27-1-45 as plaintiff No. 1 for recovery of possession of the disputed properties, of which the last male-holder was Awadh Behari Singh, who died in Chait 1349 Ps., corresponding to the year 1942. The plaintiffs case was that Awadh Behari, her brother, died issueless, and she was his sole surviving sister, out of his fo