MODI,J. - (1.) This is a plaintiffs second appeal in a suit for declaration and possession which has been dismissed by both courts below.
(2.) The dispute relates to a house situate in the town of Nagaur and which is fully described in para three of the plaint. The facts found by the two courts below may be summarised as follow : - - (1) Nagraj was the last male owner of the suit house. He died some time in S. 1974. (2) Nagraj and his two brothers Ramdayal and Maganmal were not proved to be the members of a joint Hindu family and were separate in estate, and of these Ramdayal had predeceased Nagraj, having died some time in Smt. 1953/54. (3) After Nagrajs death, Ramdayals widow Mst. Kasumbi entered into possession of the suit house. This widow had no right of residence or maintenance with respect to the estate of Nagraj. That is to say, Mst. Kasumbi assumed possession of the suit house some time in Smt. 1974 corresponding to 1917 A.D. (4) Mst. Kasumbi died on the 11th February, 1949; but before her death, she had executed a gift deed with respect to the house in question in favour of Balabux defendant, who having died during the pendency of the suit is represented by his sons Devi Lal and Vijai Lal alias Vijaibux. (5) The possession of Mst. Kasumbi under the circumstances was adverse against the plaintiff Mohan Lal, nephew of Nagraj, and son of his brother Magan Lal.
(3.) On these findings, the courts below have held that the plaintiff was neither entitled to a declaration in his favour that the gift made by Mst. Kasumbi with respect to the suit house in favour of Balabux was inoperative against him nor to possession.;