( 1 ) ONE Hanuman Prasad was the last mate owner of the house in dispute. Hanuman Prasad, as alleged by the plaintiff applicant, had executed two wills by which he devised the disputed property in favour of his widow Mohan Dei. Under the wills she was given a life interest in the property. Mohan Dei, transferred a portion of the disputed house to Jhau Laf, the opposite party in these cases, by means of a gift deed. Ram Gopal then instituted a suit in the court of the munsif for a declaration that the gift deed in favour of Jhau Lal, not being justified by any legal necessity, was void on the death of Mohan Dei. He instituted the suit as the next presumptive reversicner of Hanuman Prasad. In the suit he impleaded Jhau Lal, the donee, and Mohan Dei, the donor, as defendants. The Munsif granted the declaration sought for. It may be mentioned here that Ram Gopal had also asked for a relief of possession, over the gifted property. The munsif did not grant that relief. Ram Gopal, however, did not prefer an appeal against that part of the decree of the Munsif. Jhau Lal and-Mohan Dei jointly filed an appeal against the decree of the Munsif granting a declaration to Ram Go