Judgement

Appeal from a judgment and decree of the High Court (February 2, 1914) varying a decree of Macleod J. (November 13, 1913).

The suit was instituted in the High Court by the appellant praying for partition between himself and the respondent of the joint family ancestral estate. The only question for decision in the appeal was as to the shares to which the appellant and respondent respectively were entitled.

The parties were Gujerathi Hindus, governed by the Mitakshara and the Mayukha. Their grandfather had been in possession of the property. He died in 1893 leaving two sons, Bhugwandas Nagardas and Hurkissondas Nagardas. Hurkissondas died on September 14, 1900, and Bhugwandas on December 17, 1900. The respondent was the posthumous son of Hurkissondas, born on December 18, 1900, and the appellant on February 1, 1901, was adopted as the son of Bhugwandas by the latters widow under the express authority of her deceased husband. The validity of the adoption and the appellants right as a coparcener had been contested, but were finally established upon appeal to the Privy Council (see L. R. 34 Ind. Ap. 107).

In the present suit the respondent contended that the appellant being th