Kanhaiya Singh, J.

1. This is an appeal from a judgment and decree of the Addional Subordinate Judge, Muzaffarpur, dated 25th April, 1952, which reversed a judgment and decree of the Munsif of the same place dated 21st February, 1951, and dismissed the plaintiffs suit.

2. The suit which gave rise to this appeal was a simple suit for establishment of title to and confirmation of possession of the properties detailed in the schedule to the plaint or, in the alternative, recovery of possession. But it raised an important question of law regarding onus of proof because of non-production of evidence by either party. The facts lie in short compass and may be stated as follows. The disputed properties admittedly belonged to one Sujan Kuer. He died leaving behind him his widow Anupa Kuer. The plaintiff is the daughters daughter of Sujan, It appears on 26th January, 1943, the plaintiffs mother Lakshmi Kuer executed in her favour a deed of gift in respect of her fathers properties. Between October, and December, 1947, Ramkhelawan Singh, defendant second party, claiming to be the daughters son of Sujan executed three deeds of sale in favour of the defendants first party in respect of