Dave, J.—Both these cross-appeals arise out of the same suit and therefore they are disposed of together.

2. The case between the parties is a small one but it has a long history extending over more than 10 years. The suit was originally instituted on 17th July, 1948 by Suraj Karan, father of Mst. Umrao Kanwar and Sardar Kanwar, who are appellants in appeal No. 214/1953. The original defendants were Ganga Bux and his son Mohanlal Ganga Bux died during the pendency of the suit in the trial court and therefore the only contesting defendant left there, was Mohanlal. He has also died since then and his widow Mst. Ram Pyari and his two daughters Mst. Gulab and Mst. Gopali are respondents in appeal No. 214/1953 and appellants in appeal No. 22G/1953. There were three other proforma defendants, viz Manakchand, Motiram and Pooranchand. Manakchand is also dead and his name has been struck off by order of the court dated 1-9-1955 in appeal No. 214/53. The other two defendants Motiram and Pooranchand, are still respondents in both the appeals, but they are only proforma parties; they have taken no interest in this case and have not cared to appear in this Court.

3. It is common ground between th

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