Inder Dev Dua, J.

1. This is a second appeal by the defendants from the judgment and decree of the Additional District Judge, Gurgaon, dismissing the appeal from the decree of the Senior Subordinate Judge, Gurgaon decreeing the plaintiff suit for possession of the allegation that the gift made by Duli Chand on 28th May, 1951 in favour of the defendants was contrary to custom and, therefore void as against the plaintiff. The defendants contested the suit urging that Duli Chand was their father and the gift was, therefore, valid and binding on the plaintiffs. The trial Court framed the following issues on the pleadings :-

(1) Is the gift by means of mutation dated 28th May, 1951 valid ?

(2) Is the suit land not ancestral qua the parties ?

(3) What is the effect of the judgment of the Honourable High Court on the present suit ?

2. It appears that in another proceeding in which a gift made by Tulla Ram plaintiff in favour of his daughter was contested, this Court held that Daljit, Bed Rem and Kanwal Singh (the three defendants in the present litigation) were not proved to be the sons of Duli Chand and that they were the sons of Sher Singh and, therefore, not entitled to challen