Untwalia, J.

1. This is an appeal by the plaintiff under Clause 10 of the Letters Patent from the decision dated the 8th October, 1956, of a learned Single Judge of this Court in Second Appeal 1714 of 1951. Three second appeals were disposed of by the said decision which is final in respect of the other two second appeals. All the three second appeals had arisen out of one suit filed by the plaintiff for redemption in respect of 6 bighas 16 kathas of lands in village Soya bearing tauzi No. 1503/23 given in usufructuary mortgage as per rehan bond dated 24th Fagun, 1297 fasli corresponding to some date in the year 1890.

2. The case of the appellant as made out in the plaint was that one Ganesh Prasad Singh of village Soya had four sons, namely, Anant Singh, Fakir Singh alias Nandlal Singh, Balmakund and Gurubux Singh. The suit land belonged to them. Balmukund and Gurubux died issueless. Anant had three sons, namely, Ramdahin, Sheodahin and Ramcharitar. Defendant No. 2 in the suit -- Bishwanath Singh -- is the son of Ramdahin. Nandlal and his two deceased brothers had 6 pies 16 karants and Ramdahin and his brothers had 2 pies 10 karants proprietary shares in village Soya in ta