Judgment

GROVER, J.:- This is an appeal by special leave from a judgment of the Rajasthan High Court arising out of a suit filed by the appellant for possession of property known as Krishna Bhavan at Ajmer which was decreed by the trial court but has been dismissed by the High Court.

2. The facts may be stated. Rai Bahadur Mool Chand Kapoor a retired officer of Railways who died on September 9, 1918 married three wives. He had no issue from the first wife but the respondent Krishna Chand Kapoor is his son from the second wife. The third wife Smt. Dhanta Devi had a daughter Chanda Devi and the appellant is her son. Dhanta Devi died in 1948 and the present suit was filed in January 1949. It appears that Mool Chand Kapoor left considerable amount in cash and securities apart from the property in dispute. Mool Chand Kapoor after retirement had started doing business on the Stock Exchange at Bombay. That business seems to have been continued by the respondent. The respondent entered into several transactions after the death of his father. He purchased 25 equity shares and 34 preference shares of Tata Power Co., Bombay during the years 1919 and 1920. In April 1919 he purchased land at Vi