RAGHO RAM Vs. SHIVJI

JUDGEMENT

(1.) THIS is a plaintiffs appeal, preferred in pursuance of special leave granted by the Board on 5 -9 -1952, from the decree of the High Court passed in a suit brought by the plaintiff appellant for recovery of possession of certain properties originally belonging to his father Sudarshan Bat.

(2.) THE plaintiffs case as stated in the plaint is that his father Sudarshan Bat had five sons whose names are mentioned in the first paragraph of the plaint. Of there, 2 including the defendant -respondent Shivji had been adopted away to other families of the remaining 3, 2 died issueless and unmarried, with the result that the plaintiff became the sole heir of his father and as such entitled to all the properties left by him. Ho alleged that though the defendant Shivji had ceased to be a member of his fathers family, he managed to obtain Possession of 2 items of proprieties now claimed by the plaintiff a few years before the institution of the suit.

(3.) THE defendant Shivji contested the suit on a variety of grounds, but on the facts found by the High Court, the position of the parties may be briefly stated :