( 1 ) THIS is a Letters Patent Appeal from an order of Bhargava J. dismissing an appeal preferred by the present appellants against an order passed by the additional District Judge. Hoshangabad, in execution proceedings of a decree for possession of certain lands in favour of the respondent Sushilabai and against the other two respondents Thakurlal and Nanhelal.

( 2 ) THE material facts are that one Ayodhyabai held some sir fields situated in mauza Mangrul, district Hoshangabad, as an occupancy tenant. After her death the fields were inherited bv Baliram as the next reversionary heir. On 24th July 1944 Baliram and his wife Parvatibai executed a deed of gift in respect of the fields in favour of their minor daughter, the respondent Sushilabai. On 13th April 1945 baliram and his wife, acting on behalf of Sushilabai executed a surrender deed in favour of the respondents Thakurlal and Nanhelal.

( 3 ) SUBSEQUENTLY. Baliram and Sushilabai, through her next friend Badriprasad, filed a suit against Thakurlal, Nanhelal and Parvatibai for declaration that the surrender effected in favour of Thakurlal and Nanhelal was void and not binding on sushilabai and for a decree against Th