JUDGMENT

1. This is a defendants' appeal against the decree, dated 17th De-cember 1930, of the Subordinate Judge of Mohanlalganj reversing the decree, dated 31st July 1930, of the Munsif, South Lucknow. It arises out of a declaratory suit. One Eaghu, a Lunia by caste, was possessed of a house in mohalla Narhi, Lucknow. He went abroad 35 years ago and has not been heard of since. His wife Mt. Parbati, defendant 1, has remained in possession of the house ever since. On 7th March 1930, Mt. Parbati executed a will in favour of Ram Adhin, defendant 2, in respect of the house in question. The plaintiff-respondent Ram Prasad, a cousin of Raghu, instituted the suit which has given rise to this appeal on the allegations that Raghu had died and that Mt. Parbati was in possession of the house in dispute as a Hindu widow and as such had no right to execute the will. He claimed a declaration that the will in question was not binding on him and was void and inoperative. The defendants did not deny that the possession of Mt. Parbati at its inception was that of a Hindu widow but pleaded that after Raghu went abroad, Mt. Parbati went into the keeping of one Jangu Sonar, that seven or eight years la