Raghubir Dash, J.—This Second Appeal is against the judgment and decree dated 2.12.1995 and 16.12.1995, respectively, passed by the learned District Judge, Dhenkanal-Angul, Dhenkanal in Title Appeal No.52 of 1991 reversing the judgment and decree dated 4.10.1991 and 4.11.1991 passed by the learned Subordinate Judge, Talcher (now Civil Judge (Senior Division) in T.M.S. No.6 of 1986.

2. The plaint averment in brief is that one Mithan Bibi died in 1957 leaving her brother Fatula Khan as her sole survivor to succeed to all her properties. Her sister Najo had predeceased her. Fatula Khan died in 1970. He had three sons, namely, Gafur Khan (Plaintiff), Majid Khan (D.8) and late Md. Khan. Since Md. Khan predeceased Fatula leaving behind two daughters D.10 and D.11, they fail to get any share. Md. Khan had another daughter Tairun but she had died during life time of Md. Khan. So, Sk. Nizamuddin and Sk. Riazuddin (D.12 and D.13) who claim to be sons of Tairun do not get any share in the property.

Said Mithan Bibi was the original owner of the suit property. She mortgaged it to one Gouranga Moharana on 27.12.1924 subject to condition that if the same be not redeemed within twelve yea