JUDGMENT

KOSHAL, J.— ( The facts giving rise to these two cross appeals by special leave may, with advantage, be stated with reference to the following pedigreetable:-

The litigation between the parties started with Suit No. 1912 of 1958 instituted by Trilok Chand for partion of properties detailed in Schedules A, B and C forming part of the plaint. His case was that the property described in schedule A had been acquired by his great grandfather Chhitar Mal, that the property detailed in schedule B was jointly acquired by Salag Rams sons Jagannath and Govind Ram, the two of whom constituted a joint Hindu family, and that the property specified in schedule C had once belonged exclusively to Jagannath, son of Salag Ram and that it was from him that it had descended to his widow Smt. Chhoti.

Apart from defendants Nos. 2 to 6 whose names appear in the pedigreetable, Banwari Lal (who is the appellant before us in Civil Appeal No. 1742 (N) of 1969) was arrayed as defendant No. 1 and he has been the real contesting defendant whose claim was based on his adoption by Govind Ram, grandson of Chhitar Mal and on two registered wills, both dated the 25th of September, 1950, purporting to have be