- (1.) One Bindravan was the owner of land in Village Kaila. He also owned land in Village Ghookna and in the town of Ghaziabad. The dispute in the present case relates to the land in Village Kaila.
(2.) The said Bindravan executed a will on 24/2/1945. As per the said will, his second wife Smt Ram Dulari was given a limited estate in respect of the properties owned by him in the town of Ghaziabad. She was given absolute ownership in respect of the agricultural land situated in the two villages. The relevant portion of the English translation of the will dealing with this is as under: "That all properties situated at Town (Quasba) Ghaziabad and all ornaments, cash amount and all kinds of loans due to me, Smt Ram dulari, wife of the testator will be the owner, She will have all rights of ownership in respect of these properties till her life but the wife of the testator will hve no right to sell, or mortgage in any way, the properties of Town (Quasba) Ghaziabad. My (sahrai) agricultural land is situated at village Kaila, Pargana Loni and at Village Ghookna Pargana Loni. My wife will be absolute owner (malik mustekil) and in possession like me of the agricultural land pertaining to both the villages. Ram Dulari will have right to sell off the land of both the villages and will have a right of ownership like me. "
(3.) On 1/1/1946, Bindravan died. Thereafter, his widow executed a sale deed on 30/4/1951 in respect of the land in Village Kaila in favour of Udairam (Defendant l in the suit). The said Udai Ram sold the land in the form of plots some of which were purchased by the appellants herein.;