( 1 ) ONE Haji Mohammad Ibrahim. had three sons--Mohammad Siddiq, Mohammad Yousuf and mohammad Ismail. Ibne Hasan, the appellant in this second, appeal, is the son of Mohammad ismail, whereas the respondents are the legal representatives of Mohammad Siddiq. Suit No. 911 of 1970 was instituted by Mohammad Siddiq in the Court of Munsif, Varanasi, alleging that haji Mahammad Ibrahim was the owner of house No. D-34/88 (present No. 43/1397) and a portion of house. No. D-34/85 (present No. 43/1. 38) shown in yellow colour in the map attached to the plaint. While going for Haj pilgrimage, the executed a registered Intzamnama on 11th september, 1924, providing for the management of his properties in his absence. After return from Haj, Haji Mohammad Ibrahim resumed possession of his properties and continued to deal with the same as their owner. Due to family differences, Mohammad Ismail, father of defendant ibne Hasan, went away to Calcutta, While Mohammad Ismail was at Calcutta, Custodian, evacuee Properties, issued notices treating Mohammad Ismail to be an evacuee and showing the disputed properties as evacuee properties. Haji Mohammad Ibrahim objected to the notice served