Judgment

HEGDE, J.- This is plaintiff s appeal by special leave. He sued the original respondent Vidya Wanti for possession of the suit properties on the basis of his title to the same The Trial Court dismissed the suit and the first Appellate Court affirmed the decision of the Trial Court. His appeal to the High Court was summarily dismissed.

2. The facts of the case in brief are : The two brothers by name Amin Chand and Lakhmi Chand owned considerable agricultural and non-agricultural properties. Their agricultural property was situate in Shahpur District which is now a part of Pakistan. Two brothers appear to have partitioned their non-agricultural properties some time in 1944. Thereafter Lakhmi Chand died leaving behind him, the appellant his son by his pre-deceased wife, his second wife Subhrai Bai and his daughter by the second wife Vidya Wanti, Thereafter there was a regular partition between Amin Chand, the appellant and Subhrai Bai under a registered document, dated September 3, 1945. As per that document one portion of the agricultural property was allotted to Amin Chand, another to the appellant and the 3rd to Subhrai Bai. That document provided that Subhrai Bai "will be