JUDGEMENT :- This second appeal has been filed against the judgement and decree passed by the learned District Judge, Jodhpur on Mar. 30, 1968 and arises in the following circumstances.

2. One Chaturbhuj had four sons, Sitaram, Ramlal, Kriparam and Dayaram. Sitaram had a son Chhotu, while Dayaram had a son Salehraj and Ramlal died issueless. Kriparam had two sons Nenji and Bastiram. Shivnarain, and Laxminarayan plaintiffs are the sons of NenJi, while their third brother Ganestual is said to have gone in adoption to Ramlal. Bastiram left his widow. Smt. Gauri, a son Arjunsingh and five daughters including Omkumari and Smt. Raji defendants. Arjunsingh who was, unmarried, died on July 17, 1952, leaving two houses situated to Mohalla Khanda Falsa at Jodhpur. After the death of Arjunsingh, the plaintiffs Shivnarain and Laxminarain asserted their claim in respect of the estate of Arjansingh Deceased on the ground of being his nearest heir, as they were Arjunsingh’s uncle’s sons. In one of the houses the upper storey was in possession of the plaintiffs, while the lower portion of the said house was in the possession of the defendants Smt. Omkumari and Smt. Raji, sisters of Arjuns