( 1 ) THIS is the plaintiffs second appeal, arising out of a suit for declaration of title, permanent injunction and mesne profits.

( 2 ) THE suit was decreed by the learned trial Judge. On appeal that decision has been reversed and the learned Subordinate Judge has dismissed the plaintiffs suit upon the view that to the admitted deceased owner of the property, the defendant respondent is a preferential heir to the plaintiff, and that, accordingly, the plaintiff cannot claim title to the same.

( 3 ) THE whole question is whether the learned Subordinate Judge was justified in holding that the defendant respondent's claim of title by inheritance to the disputed property was to be preferred to the plaintiffs.

( 4 ) THE suit property, admittedly, belonged to one Santosh Kumari and it was her Ayautuka Stridhan, Santosh Kumari died leaving no issue. Her husband was also dead at the time and it is not disputed that the disputed property would devolve on Santosh Kumari's husband's sapinda, according to normal rules o preference. The plaintiff appellant is Santosh Kumari's husband's brother's son's son. The defendant respondent is Santosh Kumari's husband's daughter