1. Defendant No.1 is the appellant in this second appeal. The suit was filed for a declaration that the sale deed, (Ext. A/1) dated 9-6-1959 executed by defendant No.2 (the mother of the plaintiffs) and defendant No.3 (plaintiffs brother) in favour of defendant No.1, is null and void and not binding on the plaintiffs. The suit was dismissed by the trial court but on appeal the same was decreed. Thereafter this second appeal has been filed.

2. Admittedly, the land in question was given to defendant No.2 in gift by the then Raja of Amawan under a registered deed of gift dated 16-4-1944 (Ext.1). The stipulation in this deed, inter alia, was that the gifted land will be held by the donee and after her death it will be held by her heirs generation after generation but neither the donee (defendant No.2) nor her heirs will ever have the right of alienating the same either by way of sale, exchange or mortgage etc. It was further stipulated that in case the gifted land was alienated in any manner either by the donee herself or by the heirs of the donee then the effect of such alienation will be that the deed of gift will stand automatically cancelled and the donor will get the right