R. P. SAXENA, J.

( 1 ) THIS is an appeal against the judgement and decree dt. 28th Oct. 1969 passed by the Civil Judge, Saharanpur in Original Suit No. 12 of 1965 dismissing the suit with costs to, defendants 1 and 2.

( 2 ) THE dispute relates to the following property :- (1) One double storeyed Haveli situated at Mohalla Saraogan in the town of Mangalore, Tahsil Roorkee, District Saharanpur and bearing municipal Nos. 100/1 and 100/6. (2) Five shops including an Ahata situated at Mohalla Tonga stand in the town of Manglore bearing Municipal Nos. 248 to 253 : (3) One grove on plot No. 2320 area 7 bighas 6 biswas in the town of Manglore; (4) One shop in Mohalla Bandtol in the town of Manglore bearing Municipal No. 279; (5) Half share in grove on plot No. 1440 area 1 bigha 5 biswas in the town of Manglore.

( 3 ) THE property in suit along with other property belonged jointly to Bhagwan Das and his brother Banwari Lal. Banwari Lal had a son Bansukh Rai and defendant 5 Mithan Lal is the son of Bansukh Rai. Bhagwan Das had two sons and one daughter viz. , Banarsi Das, Ramji Das and Smt. Pisto Devi, Bhagwan Das died sometime near about 1901 leaving behind his widow Smt. Nirma Devi, two son