Judgement

KRISHNA IYER, J.:- The appellant was the plaintiff in the munsiffs court, where he brought a suit for partition on the basis that he was the son of Rambhajan, the predeceased son of one Jagram, the owner of the property sought to be divided. The learned munsiff granted a decree but in appeal it was reversed. This dismissal of the suit was reversed. This dismissal of the suit was affirmed in the High Court, and the plaintiff-appellant has come to this Court, urging before us the only point that the civil court had no jurisdiction to decide the question of title, turning on his sonship, which had already been help in his favour by the consolidation authorities under the U. P. Consolidation of Holdings Act 1953 (U. P. Act No. 5 of 1954) hereinafter called, for short, the Act.

2. This being the sole short point involved in this case, the facts may be briefly set out and the law bearing on this question stated. One Jagram had four sons, including Rambhajan. The latter pre-deceased the father, having died in 1942. The plaintiff-appellant claims to be the son of Ramhbajan Jagran died on 13th March, 1956, and if the plaintiffss claim were correct, as son of a pre-deceased son he wo