Choudhary, J.

1. These two appeals arise out of the same Judgment of the Court below. First Appeal No.236 of 1958 is by the plaintiff Tilakdhari Rai. He instituted the suit for a declaration that he was the next reversioner to the estate of one Ganesh Rai and was entitled to the lands described in Schedules I and II of the plaint which had been attached under Sec.146 of the Code of Criminal Procedure and that the defendants had no right, title or interest in the same. According to the plaintiff, his great (sic) great grandfather, Daswant Rai alias Manorath Rai, had a son, Balkhandi Rai, from his first wife, who had four sons, Chitbahal Rai, Man Rai, Gobardhan Rai and Ganesh Rai. Chitbabal had a son, Autar, who died leaving a widow, Adhikar Kuer, Man Rai died leaving widow, Malida Kuer, Gobardhan died unmarried Ganesh died leaving a widow, Dhanesra Kuer. The plaintiff, there fore, claims to be the nearest and sole surviving agnate of Ganesh Rai, who, according to him, died last. His case was that Ganesh died after the death of all his other three brothers and also after the death of Autar Rai, son of Chitbahal Rai, before the cadastral survey, and his widow, Dhanersra Kuer,