J. N. WAZIR C. J. :

The suit out of which this second appeal has arisen was instituted by the plaintiff for possession of the house described in the plaint against the defendant. The allegations made in the plaint were that Maya Shah, the grand-father of the plaintiff and Gopi Shah, the grand-father of one Amar Nath, were own brothers. The house in dispute belonged to Amar Nath who died about ten months before the institution of the suit. On his death the house devolved on his wife, Mst. Durga Devi, who by will dated the 10th Phagan 2007 gave away the house to the defendant. Mst. Durga Devi died on the 20th Phagan 2007 and the defendant took possession of the house on the basis of the will made in his favour by Durga Devi. The plaintiff brought the suit against the defendant alleging that Mst. Durga Devi, being a limited owner, was not competent to make a will in regard to the house inherited from her husband. It was further pleaded that the defendant being a non-state subject, a will disposing of Immovable property could not be made in his favour.

(2) The suit was resisted by the defendant on the ground that the house in dispute was the self acquired property of Amar Nath and after

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