Judgment

JAGANNADHADAS, J.: This appeal arises out of a suit for declaration that the property, details of which are given in the plaint, are jointly possessed and owned by the plaintiff and the defendant the plaintiff owning 3/4 the share and defendant 1/4th share. The suit was decreed by the trial Court. But on appeal, the High Court of Punjab reversed the decree. Hence the appeal to this Court. The facts out of which this litigation arises are as follows:

2. The suit properties admittedly belonged to one Kahan Singh who is the common ancestor of both the parties. The following pedigree shows the relationship :

The plaintiff, Wali Singh, son of Shiv Singh was admittedly adopted by Kirpal Singh. The dates of birth and adoption of Wali Singh were both matters in dispute in the suit. But it was found by the trial Court that Wali Singh was born on 2-3-1904, during the lifetime of Kahan Singh and that he was adopted on 24-8-1918, long after Kahan Singh s death which occurred on 12-11-1906. These findings have been accepted by the appellate Court and are no longer in dispute before us. Kahan Singh left him surviving only one of his sons, Kirpal Singh and two great-grandsons, Wali Singh an