KAN SINGH, J.—This is a plaintiffs second appeal directed against the appellate judgment of the Senior Civil Judge, Baran dated 2-5-64 affirming the decree dismissing the suit by the Munsif, Baran and arises out of a suit for possession of a portion of a house situated in village Antah, district Kota.

According to the plaintiff, the house in question, in a portion of which defendant-respondent Kishore Singh, now represented by his legal representatives, was living belonged to one Nathaji. Nathaji had a son Pannalal who died in 1932. He had two daughters. Dhool Singh, the plaintiff, is the son of one daughter and Kishore Singh, defendant, was the son of another. Pannalal had a son Dhannalal who died during the life time of his father Pannalal. Pannalal was survived by his widow Kesar Bai. Kesar Bai was alleged to have gifted the house in question to the plaintiff Dhool Singh and the same was evidenced by a registered gift deed Ex. 1. On 25-10-1944 the plaintiff Dhool Singh had sold a portion of the house to one Kadar Bux by a registered sale deed Ex. 2 on record. The plaintiff proceeded to say that in 1945 or 1946 the defendant Kishore Singh who was his first cousin was permitted by

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