R.N. Gurtu, J. - (1.) THE last male owner of these fixed rate tenancy plots in suit was one Raghunath. He died leaving a widow, Smt. Mangari. She executed a deed of gift in respect of these plots in favour of Ram Surjan. Ram Surjan is alleged to be the son of Mangari by a collateral, Daulat, whom she is said to have married after the death of Raghunath under a custom prevailing in the community.
(2.) THE present suit was filed by Ram Lal as a reversioner's suit for a declaration himself and for Plaintiff No. 2 as also for Defendants Nos. 3, and 5. A declaration was sought that the deed of gift in respect of these fixed rate tenancy plots executed by Smt. Mangari, who is Defendant No. 2, in favour of Ram Surjan, Defendant No. 1, would not be binding, after Smt. Mangari's lifetime, on the reversioners. The suit was defended. The trial court dismissed the suit.
(3.) THERE was an appeal to the court below which was also dismissed. The court below dismissed the appeal upon the ground that Gajju, the father of Ram Lal Plaintiff, had entered(sic) into a settlement with Smt. Mangari, the widow, whereby he had got half the plots owned by Raghunath and Smt. Mangari got the other half and that Ram Lal, upon the death of Gajju, was in enjoyment of the plots allotted to Gajju and consequently Ram Lal was estopped from challenging the deed of gift executed by Smt. Mangari of the plots which were allotted to her, while he himself continued to enjoy the plots which were allotted to Gajju, his father.;