K.L. Pandey, J.

This is a defendant's appeal against the reversing judgment of the lower appeal Court by which the plaintiff's claim for possession of malik-makbuza plots khasra Nos. 95 and 148 of village Chilachond Khurd and for mesne profits was decreed.

In order to appreciate the questions in controversy, the genealogy accepted by the lower appeal Court is given below:

The facts no longer disputed are these. The malik-makbuza plots in dispute were owned by Surat who died on 7th May 1953 leaving behind him surviving his widow Mst. Tulsi. She also died only a week later. Thereupon, Mst. Binia and her son Kishorilal sold the disputed plots to the defendant by a deed dated 13th July 1953. It may be mentioned here that, according to the genealogy given above, Mst. Binia is a daughter of an uncle of Surat. Subsequently, one Sukkha, who claimed to have inherited the two plots from Surat, executed in favour of the plaintiff a registered lease deed dated 8th June 1963 for a period of three years and then a sale deed dated 4th April 1955 in respect of those plots. Still another person, Jagan, filed Civil Suit No. 60-A of 1953 in the Court of Civil Judge, 2nd Class, Narsimhapur, layin