Misra, C.J.

This reference to the Full Bench has arisen in the following circumstances. The plaintiff-appellant in stituted a suit for a declaration that defendant no. 7, Musammat Etwaria, had no right, title or interest in the properties described in schedules nos. 2 to 4 of the plaint, and that she was not competent to execute the two deeds of sale in respect of these properties in favour of defendants nos. 1 to 4 or a deed of gift in favour of defendants nos. 5 and 6. The following genealogy may be set out here to explain the legal stand of the plaintiff with regard to the properties in suit:

Nepal Hajam

Lalji Hajam Deo Hajam

= widow Harbasia. = widow Etwaria (D. 7)

Motijhari. Pan Kuer. Bhageran

(plaintiff)

The case of the plaintiff was that Lalji Hajam and Deo Hajam, the two brothers, were members of a joint Hindu family. Lalji died about 26 years ago, leaving him behind Harbasia, his widow, and Deo Hajam died 22 years prior to the date of the suit, survived by his daughters, Motijhari and Pan Kuer, and his son, the plaintiff, as also his widow, Etwaria. The properties were acquired by Deo Hajam either by purchase or by exchange. The plaintiff's mother, Musammat