Judgment

WANCHOO, J. : This is an appeal by special leave from the judgment of Punjab High Court and arises out of a suit for possession of land brought by Munshi Ram respondent. The following pedigree-table will be useful in understanding the claim put forward by the respondent:-

The claim a Munshi Ram was with respect to the proper left by Nanak Chand who is his natural grandfather and also Santu. There is no dispute now about the property of Santu and we are concerned in this appeal only with the property of Nanak Chand. Nanak Chand died in 1939. Munshi Ram s natural father Hans Raj had predeceased Nanak Chand. Munshi Ram himself was adopted by Ata in 1918 before the death of his natural father Hans Raj which took place in 1920. It will be clear from these dates therefore that Hans Raj never succeeded to the property to his father Nanak Chand and Munshi Ram had been adopted by Ata even before Hans Raj s death. The case of Munshi Ram was that he was entitled to one-half share of the property left by Nanak Chand as his heir according to Zamindara custom. The parties it may be mentioned, are Brahmins and Munshi Ram claimed joint possession of the half share of the property left by Na