( 1 ) THIS is an appeal against the order dated 23. 4. 2005, passed by Sri Akhilesh Chandra Sharma, learned Additional District and Sessions Judge Court No. 10, Moradabad in Original Suit No. 319 of 1982, Smt. Veena Bahl and Ors. v. Sri Vishnu Kumar and Ors.

( 2 ) THE facts relevant for disposal of this appeal are that the plaintiffs Smt. Veena Banal, Smt. Rarnwati Devi and Smt. Rajeshwari Devi Rastogi (now all deceased) filed O. S. No. 319 of 1982 in the court of Civil Judge, Moradabad, against the defendants Sri Vishnu Kumar and Ors. with these allegations that the properties specified in Schedule a and b were owned by Raja krishan Kumar and his son Raja Raj Kumar who jointly executed a registered deed of transfer on 6. 8. 1896 in favour of Anirudh Kumar and Lal Kumar. It was further provided in that deed that the property shall not be transferred to any non-member of the family so long as the members of the family were ready to take it. Sri Lal Kumar died unmarried and thereafter Sri anirudh Kumar also died and so the property was inherited by his son Jagdish Kumar. Jagdish kumar also died on 22. 3. 1932 and he was succeeded by his widow Smt. Surendra Bala Devi.