Kuldip Chand Sood, J.—This second appeal, under Section 100 of the Code of Civil Procedure, arises out of the judgment and decree of the learned Additional District Judge (I) Shimla dated September 18, 1993.

2. In order to appreciate the controversy, the facts, in brief, may be noticed: One Sh. Jawala Dass was owner in possession of the landed property, including suit property, comprised in Khasra numbers 82 and 83 alongwith two houses situate thereon, situate in mauza Seehpur of Tehsil and District Shimla. Jawala Dass died on February 28, 1972. He was succeeded by his widow Hem Dassi, son Devi Saran and daughter Ram Kali. Devi Saran also died immediately thereafter and was succeeded by his widow Reshmu Devi, Hem Dassi (widow of Jawala Dass) gifted her l/3rd share in the properties left by Jawala Dass, including the suit property, to defendant Nirmala. Thus, Nirmala, Ram Kali and Reshmu became owners in possession of the property of Jawala Dass including the suit property to the extent of l/3rd share each. In the year 1974, Reshmu Devi and Ram Kali gifted their respective shares in the property left by Jawala Dass, (including the suit property) in favour of Hari Singh plain