JUDGMENT :- This is the defendants second appeal. They have lost in both the courts below and have come up in the instant appeal.

2. The brief facts are these:-

The deity sued as the plaintiff for a declaration that the deity was the owner of house No. 211, Faithful Ganj, Kanpur. One Pitamber Lal was the original owner of many properties including the one in dispute in the suit. He died some time in 1932 and on his death, dispute arose between various parties. One Raghubir Prasad claimed to be the adopted son of the said Pitamber Lal. Smt. Rukmani Kunwar was the widow and Newaji Lal was the brother of the said Pitamber Lal. Raghubir Prasad filed suit No. 28 of 1933 in the court of the Civil Judge, Kanpur, wherein Newaji Lal and Smt. Rukmani Kunwar were made defendants. There were certain other defendants also in the said suit. The prayer in the suit was that a declaration be granted that in terms of the will dated 17th September, 1932 of the said Pitamber Lal, the plaintiff Raghubir Prasad was the trustee in valid possession and management of the properties detailed at the foot of the plaint. In the alternative, the relief sought was that in case the aforesaid relief could not be gra

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