V.D. Gyani, J.-

1. This is plaintiff's second appeal, arising out of the Judgment and decree dated 9-8-75 passed by the Additional District Judge, Rajgarh in Civil First Appeal No. 13-A/75, thereby affirming the trial Court judgment and decree dated 31-1-75 passed by Civil Judge Class II Biora in C.O.S No. 123-A/72.

2. The plaintiff filed a suit for declaration of title and possession of a home and agricultural lands situated in Village Gindorehat as described in the Schedule 'A' and 'B' appended to the plaint. Plaintiff's father Daula had two sons. Ramlal and Girdhari, who inherited Daula's property on his death, As Girdhari died, and his daughter Kasubai, was married, it was Ramlal who came to be in possession, as sole owner. On the death of his wife Ramlal contracted Natra marriage with one Sonibai, as such marriage was permissible by custom, prevalent amongst the 'Ahir' community to which the parties belong. Ramlal also died in 1956, and Sonibai became the owner in possession. Her name was also mutated and recorded in the Revenue Records. Kasubai, the daughter of Girdhari, and niece of Ramlal was not recognised as heir to Ramlal. Sonibai sold a part of the agricultural land