1. This appeal came up for hearing in the first instance before my Lord the Chief Justice and was referred by him to a Division Bench for decision by order dated January 23, 1970. This is how this Appeal comes up for hearing before us.

2. The facts of the case have been given in detain in the order of reference but it is necessary to recapitulate them in order to decide the point of law involved. The facts are that the predecessors of the present plaintiff-appellants filed a suit on April 20, 1905, against Kaithal, defendant 4, and predecessors of the other defendants, who are all respondents to the appeal, for the possession of the entire land left by Smt. Jiwani, widow of Dilsukh, who held the estate before her death for her life as widows estate. The land measured 224 Bighas 5 Biswas. It was alleged by the plaintiffs of that suit that they were the sole heirs of Dilsukh and Smt. Jiwani and were entitled to inherit the entire land. It may be stated here that the common ancestor of the parties had three branches. The plaintiffs and their predecessors belonged to one branch while the defendants and their predecessors belonged to the second branch. Dilsukh belonged to the th