1. This is plaintiffs appeal against the judgment and decree passed in Civil Appeal No. 4-A/95 affirming the judgment and decree passed by the trial Court. The appeal was admitted for hearing vide order dated 26.7.2002 on the following substantial question of law :

"Whether the Courts below have erred in holding that Bhuri Bai was the heir of Pancharn Singh, when as per the finding of the first appellate Court she was not legally married wife of Panch am Singh".

2. Plaintiffs filed a suit for declaration and recovery of possession and permanent injunction. They pleaded that Pratap Singh and Imratsingh were real brothers and Imratsingh had two sons i.e. Mangal Singh and Pancharnsingh. Mangal Singh had two sons i.e. Chandan Singh and Vinay Singh. Plaintiffs are sons of Mangal Singh. Panchamsingh had no sons or daughter, he died issueless, hence they become owner of the property of Pancham Singh which was agriculture land and a house. The defendants denied the claim of the plaintiffs. They pleaded that Bhuribai was a widow woman and after the death of her husband she married with Pancham Singh and she executed a registered gift deed on 29.9.1965 in favour of the defendants an