JUDGMENT

BHAGWATI, J.:—This appeal by certificate arises out of a suit filed by the appellant for partition of joint family properties. The appellant claimed to be entitled to one third share in the joint family properties as the heir of her deceased husband Kedar Nath. It was common ground between the parties that Kedar Nath and his brother Kashi Prasad and Kailash Chand were members of a joint and undivided Hindu family and each of them was entitled to one third share in the joint family properties, Kedar Nath died on 17th February, 1944 leaving behind him as his only heir, his widow the appellant. Now ordinarily as the heir of Kedar Nath, the appellant would be entitled to the one third share of Kedar Nath but Kailash Chand claimed that his son Girish Chand was adopted by the appellant on 1st March, 1944 and that Girish Chand was, therefore, entitled to a moiety of the one third share of Kedar Nath and the appellant was entitled only to the other moiety. The appellant, therefore, filed Suit No. 22 of 1948 in the Civil Judge, Agra for partition of her one third share in the joint family properties. Kashi Prasad was joined as 1st defendant while Kailash Chand and Girish Chand wer