DEEPSINGH Vs. SARWANSINGH

JUDGEMENT

(1.) THIS is the plaintiff's second appeal against the appellate judgment and decree of the learned Additional Dist. Judge, Alwar, who set aside the decree of the Munsif Alwar in a suit for joint possession over certain property and declaration that the defendant No. 1 Sarwansingh was not an adopted son of Nahansingh deceased, and that the plaintiff was the owner of one half share in the property left by the deceased. The plaintiff's case is that according to the following pedigree he, along with Nahansingh is the nearest collateral of Nahansingh & was therefore entitled to one half of the property left by the deceased: - Dulesingh Kansingh Arjunsingh Nahansingh Died issueless) Deft. No. 2 Budhasingh (died issueless) Deepsingh plaintiff Kishansingh Sarwansingh Deft. No. 1 Madansingh Vijeysingh

(2.) IN March, 1939, the defendant No. 2, taking advantage of his Lambar-dari, got the name of his son Sarwansingh defendant mutated over the whole of the property of Nahansingh, falsely alleging him to be the adopted son of Nahansingh. The plaintiff was, therefore, entitled to joint possession of the property in suit along with Nahansingh, on a declaration that he was entitled to one half of the property of the deceased and that Sarwansingh was not the adopted son of Nahansingh.