TYAGI, J.—This is plaintiffs second appeal against the judgment and decree dated 31st July, 1961 passed by the District Judge, Jaipur District, Jaipur setting aside the judgment of the Munsiff, Jaipur District, Jaipur in a suit for possession and mesne profits of the disputed shop.

2. The plaint was filed in this case jointly by three persons Kesarlal, Magan Lal and Mst. Ladhi Bai. Kesarlal claimed himself to be the adopted son of Chhaganlal, while Maganlal joined as one, who claimed the succession to the property of Chhaganlal after the death of Mst. Godawari Bai, widow of Chhagan Lal and Mst. Ladhi Bai as the daughter of Chhaganlal. The disputed shop was rented out by Mst. Godawari Bai in her life time to Sunderlal, who happened to be the manager of the temple of Beespanthiyan. It is alleged that Sunderlal did not pay any rent to Mst. Godawari Bai till her death, and, therefore, after Godawaris death, a notice was served on defendant Sunderlal by Kesarlal to pay the rent to him. While replying to this notice Sunderlal intimated to Kesarlal that he was no longer the tenant of deceased Godawari Bai as the property was long back bequeathed by Mst. Godawari to the temple of Beespanthi

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