( 1 ) THIS regular second appeal is directed against thejudgment and decree dated 4. 2. 1976 passed by Shri Jaspal Singh, Additionaldistrict Judge, Delhi (as he then was) whereby he has allowed the appeal andset aside the judgment and decree dated 30. 4. 1974 passed by Shri Gopalkrishan, Sub-Judge 1st Class, Delhi and dismissed the suit.

( 2 ) THE appellant-plaintiff filed a suit for declatation to the effect thatthe property No. WZ-61, Mahabir Nagar. New Delhi vested in the entirebody of legal heirs of deceased, Shri Malik Chand. He claimed that theplaintiff and defendants 1, 3 to 5 are the children of Shri Malik Chand anddefendant No. 2 is his widow. The plaintiff s father Shri Malik Chand hadpurchased one plot of land No. 47, measuring 200 sq. yards in Mahabirnagar, New Delhi in the benami name of defendant No. 1, i. e. , Shri Vedparkash, out of his own earnings and thereafter constructed a house thereonbearing the aforementioned house No. WZ-61 and also enjoyed the profitsthereof throughout his life. Defendant No. 1 is not the real owner of theproperty as he could not purchase the plot and raised construction thereon. In the year 1954, when the plot m question wa