JUDGMENT

1. This is a plaintiffs appeal arising out of a suit for declaration that they are in proprietary and adverse possession of the property in suit. The last male owner was Jas Karan on whose death Mt. Kuri his widow admittedly succeeded to the estate. It was the plaintiffs' case that Mt. Kuri remarried and that there was a custom under which she forfeited all rights in this estate. Her deceased husband's uncle Tirkha instituted a suit against her for possession but during the pendency of the suit he died. That suit was continued by Kanhaiya the father of the present plaintiff who was not the nearest reversioner of Tirkha, but Net Ram and Nawal the grandfathers of the present defendants were the nearest reversionary heirs. These latter were impleaded as pro-forma defendants. The suit was dismissed by the first Court and Kanhaiya alone appealed to the District Judge and got a decree reversing the decree of the first Court. That judgment was set aside and the suit dismissed by the High Court on the ground that Kanhaiya was not the nearest heir who continued the suit in place of Tirkha deceased. No decree was passed in favour of Net Ram and Nawal.

2. It is the plaintiff's case tha