ARJUN SINGH Vs. VIRENDRA NATH AND ANR.

JUDGEMENT

(1.) THIS is a plaintiff's appeal and arises out of a suit for possession in respect of four shops and one third share in a house situate in Agra and for mesne profits. The following pedigree, which is not in dispute, will be of help in a proper appreciation of the facts of the case:

(2.) THE claim of the plaintiff has been contested by both the defendants. Defendant No. 2 has pleaded that the plaintiff is not the son of Smt. Chameli but of the second wife of Ranchhordas whom the latter married after the death of Smt. Chameli which took place in 1926, that Damodardas, who predeceased his father Dal Chand, had given direction to his wife to adopt a son and this direction was confirmed by Dal Chand; and that under the authority to adopt given to Smt. Pushpawati she duly adopted Brijendra Nath defendant No. 2 as a son to her deceased husband. He has also raised pleas of estopped, acquiescence and limitation. The allegation of the plaintiff regarding Pannalal and Nathi Lal having been in possession as agents has been repudiated and it has been asserted that Brijendra Nath defendant No. 2 has been in possession for over 35 years as owner. In the alternative it has been contended that Dal Chand died as a member of joint Hindu family and the property in suit was joint family property, with the result that after the death of Dal Chand it passed to the other co -parceners by survivorship and the plaintiff has no title to it.

(3.) DEFENDANT No. 1 has filed a separate written statement which follows the line of defence taken by defendant No. 2. The additional facts stated by him are that the property in suit was thrown into the common stock and has been treated as joint family property by all the coparceners and that under a will Dal Chand bequeathed some moveable property to Smt. Pushpawati and her daughter Premwati besides confirming the authority to adopt given to Smt. Pushpawati by her husband, Damodar Das.