Syed Md.Mahfooz Alam, J.

1. This appeal has been preferred against the judgment and decree dated 15.9.1976 and 9.11.1976 respectively passed by Sri Ram Kishore Singh, Additional Subordinate Judge, Jamui in Title Suit No. 20 of 1972/3 of 1976 whereby he has been pleased to dismiss the suit of the plaintiffs-appellants seeking relief for declaration of their title and confirmation of possession and in the alternative, for recovery of possession with respect to the suit land and also for declaration that the defendant did not acquire any title of the suit property by virtue of gift deed dated 7.8.70 executed by Lachho Devi in his favour.

2. The plaintiffs case, in short, is that Sadar Pandey, son of deceased Yadunath Pandey was resident of Mauza Masauri, Mohalla Mahrajganj, District Jamui. He died in between 1944-45 leaving behind him his widow, Smt. Tita Kumari and his son Baldeo Pandey as his legal heirs and accordingly, Tita Kumari and Baldeo Pandey succeeded to the properties of Sardar Pandey half and half. Baldeo Pandey, the only son of Sardar Pandey, died in the month of January, 1951 leaving behind him his mother Mostt. Tita Kumari and his wife Lachho Devi as his legal