( 1 ) THIS appeal under the Letters Patent arises out of a judgment delivered by singh J. in Second Appeal No. 636 of 1964 dated August 12, 1968 whereby a suit for possession of an abadi site situate in village Durg was dismissed.

( 2 ) THE material facts, which are no longer in dispute, are these, Ghanshyamsingh (plaintiff 3), who was the proprietor of village Durg, leased out to the defendants, by a document Ex. P-15 dated July 10, 1947, the disputed abadi site for building their house in return for Rs 2. 50 as monthly rent on condition that they would deliver vacant possession of the site on fifteen days notice. Thereupon, the defendants built on the site a house which they continue to occupy. Subsequently, by a registered document Exhibit P-16 dated May 24, 1948, Ghanshyamsingh transferred to his wife Smt. Jaidevi, without any consideration, all the house sites in the abadi of village Durg on terms and conditions therein stated. On the death of Smt. Jaidevi on March 7, 1950, Raghvendra Singh and Jitendrasingh (plaintiffs 1 and 2) succeeded to her interest by virtue of a will made by her. After the requisite notice, they brought the suit, out of which this appeal aris