H. N. SETH, J. :- This first appeal by Raj Kumar Jain and Iswar Kumar Jain sons of Kailash Chandra defendant No. 1 is directed against the judgement and decree of the 1st Civil Judge, Meerut dated 11th February 1976, decreeing the plaintiffs suit for a declaration that the probate dated 26th October 1961 had no effect on the plaintiffs who were the owners of the property in suit.

2. The suit giving rise to this appeal was filed by Ugra Sen son of Janki Das (plaintiff No. 1) Smt. Jagwanti, widow of Kesho Ram another son of Janki Das (plaintiff No. 2). Smt. Rajeshwari Devi, Prem Chandra, Kumari Kamata Devi, Kumari Usha Devi, Kumari Nammo Rani Mahesh, children of Kesho Ram (plaintiff Nos. 3 to 8), on 15th October 1962. The plaintiff set up the following pedigree :-

3. According to the plaintiffs the property mentioned in the plaint belonged to Jagmandar Das who died in the year 1954, leaving behind his real sister Ram Katori as sole heir and legal representative. Ram Katori who remained unmarried throughout her life died on 30th October 1955. As at the time of her death there was no one in the family of Jagmandar Das, the property which Ram Katori inherited from Jagmandar Das p