1. This appeal arises out of a suit filed for declaration that the disputed land described in Sch. 3 of the plaint is the purchased Kast land of the plaintiff, while the land of Sch. 5 is in her possession on the basis of a Mahadanama by way of part performance of contract and the defendants have no concern with the same. A prayer was also made that it be declared that the deed of gift from defendant No. 1 is null and void and is not binding on the plaintiff. Another relief that was sought for was for a decree confirming the possession of the plaintiff over the properties described in Schedules 3 and 5 of the plaint and, in the alternative, for recovery of possession.

2. Shortly stated, the case of the plaintiff was that Ram Prasad Singh died in jointness with Ramjit Singh and sons of Kanhai Singh about 50 years ago sometime in the year 1926. It is said that Ramjit Singh and Kanhai Singhs sons came in possession of the properties held by Ram Prasad Singh by virtue of survivorship as his wife Asbhaga Kuer was only a maintenance holder. Further according to the plaintiff, there was a partition between Ranjit Singh and sons of Kanhai Singh in the year 1931 and as a result of t