K.L.Gosain, J.

1. The facts giving rise to this second appeal are as under: The property in suit belonged to Telu son of Ruldu, Jat of Tharwa, Tehsil Narain-garh, District Ambala. On 17-6-1949 he made a gift of the same in favour of his daughter Mst. Bukhtawari. The plaintiffs who claim to be the collaterals of Telu in the fourth degree brought the present suit for the usual declaration that the gift will not affect their reversionary interests. They alleged that the property in question was ancestral qua them and that Telu had no right under the custom to make a gift of the same in favour of bis daughter. The suit was contested by the donee who denied that the property was ancestral and who alleged that the gift had been made in her favour on account of the services which she rendered to defendant No. 1. On the pleadings of the parties the trial Court framed the following issues:

1. Js the property ancestral?

2. Are the plaintiffs collaterals of defendant No. 1?

3. Whether defendant No. 2 or her sons have rendered any services to defendant No. 1, and is the gift valid on that ground?

4. Whether the suit is speculative?

5. Relief.

2. After recording evidence of the parties