Judgement

Jagannadhadas, J. :- The deft, is the applt. In this second appeal. The appeal arises out of a suit brought by the pltf. for recovery of two plots of lands described in the plaint schedule, from the possession of the deft. These two items of land have been pur. chased in the name of the son of the pltf. under two sale deeds, Exs. B and C, dated 4-10-30 and 4-2-35 respectively. The pltf.s son died in the year 1942 prior to the suit without leaving any issue. The deft, claims to be in possession as being his married wife. The pltf.s contention is that the deft, is not the legally married wife of his son and that in any case the suit properties though standing in the name of the son were the joint family properties and that his son died undivided and that therefore the deft, had no tide to the property. The Cts. below have found that the pltf. and his deceased son were undivided and that the properties covered in Exs. B and C, though standing in the name of the son, were joint family properties. They also held that the deft. is not proved to be the married wife of the deceased son of the pltf. On these findings both the Cts. below have decreed the pltf.s suit.

2. On the state