JUDGMENT :- This is a plaintiff's second appeal from the concurrent decisions of the courts below dismissing their suit for partition of certain holdings and for damages against the defendant-respondents for cutting away the crops sown by the plaintiffs. The facts which are common ground or found by the court below are these. The first plaintiff-appellant, Smt. Sukhni is the mother of the second, Smt. Patti They are the widow and daughter of one Sita Ram, and claim the land in dispute as his heirs. It is common ground that Sita Ram was the fixed-rate tenant to the extent of a half-share in the holdings in dispute. He died in or about the year 1945-46, and left, in addition to his widow and daughter, a mother, Smt. Sukhbasi, who is the first defendant in the suit. At the time of his death the daughter Smt. Patti was about 3 years old. Within a year of his death Smt. Sukhni married again. It is not clear what happened to her daughter after her mother had re-married whether she continued to live with her mother or with her grandmother Sukhbasi and the other relations of Sita Ram.

On 23-7-1949 a suit was filed by Smt. Patti under the guardianship of a cousin of her late father