JUDGMENT :- In order to appreciate the point which is to fie decided in this appeal it is necessary to state the facts shortly. One Din Dayal, who was a lawyer, had two wives, Smt. Mathri and Smt. Basanti. Front Smt. Mathri he had a son, Bhikan Lal, who died in 1917 leaving a widow Mst. Sharbati Devi who is defendant No. 1 in the suit out of which this appeal has arisen. Smt. Basanti was the other wife of Din Dayal from whom he had a son, Hira Lal, who is the plaintiff. Din Dayal diet in the year 1938 and on 31st December 1938 his properties were mutated half and half in favour of Mst. Sharbati Devi and Hira Lal who was minor at that time. Mst. Sharoati Devi remained in possession of the properties which had been mutated in her favour.

In the year 1350 a suit was filed by Hira Lal against Mst. Sharbati Devi in which a compromise took place on the basis of which a consent decree was passed on 9th May 1951 declaring that Hira Lal was the sole heir and owner of the property left by Din Dayal but she was given possession of the suit land and certain other lands for life her rights being restricted with regard to alienation etc. On 14th September 1956 she sold 4 Kanals and 3 marias of la

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