the issue regarding title and possession over the suit property stands concluded against Smt. Nandkanwarbai(deceased widow) vide judgment and decree dated 21st May, 1959 passed in Civil Suit No. 11 of 1958. The said Civil 7Suit was dismissed by the competent Court qua the relief of possession and title while recognizing the right to Smt. Nandkanwarbai only to the extent of receiving maintenance from the estate. Admittedly, Smt. Nandkanwarbai did not challenge the judgment and decree dated 21st May, 1959 and thus, it attained finality to the extent of possession and title. Apropos, there is no dispute qua the fact that Smt. Nandkanwarbai was never in possession of the suit property. 13. Shri Puneet Jain, learned counsel representing the appellant advanced the following pertinent submissions and urged that the Division Bench erred in law in dismissing the appeal preferred by the appellant affirming the judgment of the learned Single Judge and restoring the judgment and decree of the