Mahapatra, J.

1. This is an appeal by the defendants arising out of a suit instituted for declaration of title to and recovery of possession of lands mentioned in the three schedules given in the plaint. Of the two plaintiffs, plaintiff No. 1 is the mother and plaintiff No. 2 is her son. According to the genealogy given in the plaint which was accepted by the trial Court, one Jiba Rai had two sons Deodhari Rai and Saudagar Rai and a daughter Mt. Parichha Kuer. Deodhari and Saudagar arc dead. Bataso Kuer is the widow of Saudagar Rai. Plaintiff No. 1 is the daughter of Saudagar Rai. Mt. Parichha Kuer was married and had a son Ramgati Tewari who died on the 16th of December, 1952. The properties in Schedules 1 and 2 of the plaint belonged to Saudagar Rai though dunng his life-time his sisters son Ramgati Tewari was put in possession of the same by way of maintenance. Ramgati lost his father in infancy and, as there was no land to maintain the child and the mother, Saudagar Rai brought both his sister and her son to his house and maintained them.

Ramgati became very helpful to the maternal uncle in management of properties and in fighting litigations over lands in Schedule 2. S