Judgment

GAJENDRAGADKAR, J. : This appeal by special leave arises from a suit filed by the appellant Shuganchand, who is a Jain, for possession of certain immovable property against the trespasser Umacharan Pradhan the respondent. Pending litigation Umacharan died and Prakash Chand and two others were brought on the record as his legal representatives. We will hereafter refer to Umacharan as the respondent. The property in question is a garden in Mouja and it bears Khasra No. 345 Rakba 71/4. The appellant s case was that this property originally belonged to Kanakmal who died in 1910-11. During his life-time Kanakmal had adopted Mannilal who predeceased him leaving behind him his widow Sugan Bai. In the result at the date of Kanakmal s death the two members of his family were his widow Jadav Bai and his widowed daughter-in-law Sugan Bai. In 1922-23 Sugan Bai adopted the appellant. Jadav Bai died in 1932 and in 1936 the present suit for possession was filed by the appellant. According to the appellant, when he attained the age of majority he took steps to obtain possession of the property left by his grand-father and found that the respondent s father Munshi Gajpat Rai had adversely