JUDGMENT : - This is a plaintiffs appeal arising out a suit for a declaration that the plaintiff is entitled to one-eighth share in the property in suit and for delivery of possession over one-eighth share of one item of the disputed property.

The property in suit belonged to one Bhagirathi Singh. On his death his widow Smt. Chandra Pati succeeded him. But she too died in April, 1947, leaving the plaintiff Ram Surat Singh and Achhaibar and six others as the next collaterals of Bhagirathi Singh.

There was also the contesting defendant Ragho Sewak Rai who has been arrayed as defendant No.9 in the present suit and who claims to be the sisters son of Bhagirathi Singh and as such the nearest reversioner of Bhagirathi Singh. During her life-time Smt. Chandra Pati executed a usufructuary mortgage in favour of Prithipal Singh and another person in respect of some of the property left by Bhagirathi Singh. This deed is dated 14-6-1917.

On 31-5-1934 she executed a deed of relinquishment surrendering the whole estate in favour of Ragho Sewak Rai, defendant No.9, whom she described in the deed of relinquishment as sisters son of Bhagirathi Singh. Then she changed her mind and in 1937 filed a suit

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