JUDGMENT :- This is a defendants second appeal against the judgment and decree of the District Judge of Gonda modifying the judgment and decree passed by the Civil Judge, Bahraich.

2. One Barati Lal had two sons, Brahma Prasad and Jot Prasad. Brahma Prasad had a son Bhagawti Prasad who had two sons, Prem Chand and Cyan Chand. Jot Prasad, the second son of Barati Lal, died issueless leaving a widow Bittan Devi. Barati Lal was possessed at two plots Nos. 5277 and 5298 which had groves standing on them along with considerable other property with which I am not concerned in the present appeal. Barati Lal died in 1933 when his two sons, Brahma Prasad and Jot Prasad, were alive. Jot Prasad died in 1936. His widow Smt. Bittan Devi instituted a suit for the possession of a half share in the grove standing in the two plots mentioned above on the allegations that a half share in each of these two groves belonged to her husband Jot Prasad and that she succeeded to the property of her husband on his death in 1936.

The claim was resisted on behalf of the defendants who ware the representatives of Brahma Prasad on two points, firstly it was alleged that plot No. 5277 had been made the subject of a

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