M. W. Deo, J. -- 1. This is plaintiff's second appeal who having succeeded in the trial Court, were non-suited by the first appellate Court.

2. It is not in dispute that Nathusingh was the owner of property situated in village Kanad. Ex. P-1 is the certified copy of a registered will dated 27.2.1933 executed by Nathusingh under which Nathusingh bequeathed some property to Munnalal and one house to Daryaosingh who was son from Mainabai, misteress of Nathusingh, To the south-west of the house bequeathed to Daryaosingh, is a Khandhar which is the subject-matter of this litigation. In this second appeal learned counsel for the respondents did not dispute that it is this Khandhar which is adjacent to the house of Daryaosingh in the direction of south-west and is mentioned in the copy of the will which indeed could not be disputed in view of the averment and factual foundation in the last two lines of clause 5 of para 3 of the certified copy. As such there is no dispute about either the description or identity of this Khandhar. It may be noted here that the present appellants arc the legal representatives of Daryaosingh, It may also be noted that Nathusingh died in the year 1936.