( 1 ) THIS is a plaintiffs appeal. The plaintiffs suit for possession of seventeen tenancy plots, measuring 18 bighas and 5 biswas in Ashrafpur, district Faizabad, was dismissed by the lower appellate Court. These plots belonged to one Binda, who was the statutory tenant of these plots. He died in 1939. He had a son Abhilakh, who had predeceased him, leaving a widow, Srimati rajwanta. This widow became the heir to the property under the Hindu Womens Rights to property Act, XVIII of 1937, read with U. P. Hindu Womens Rights to Property (Extension to agricultural Land) Act, XI of 1942. The fact that Rajwanta became the heir to Binda under the acts mentioned above is not denied. On 8th November 1943, Rajwanta executed a deed of surrender in favour of Ram Bachan, her daughters son. The suit was filed by Bhagwan Din and ram Din, cousins of Binda, on the ground that they were the heirs of Binda and were entitled to possession of the property. The suit was filed on 15th November 1944. Rajwanta died on 14th december 1944, and after Rajwantas death Ram Bachan wag impleaded.

( 2 ) THE only question for decision in the case is whether the plaintiffs are entitled to claim the proper