Lord Thankerton.-

This is an appeal from a decree of the High Court of Judicature at Allahabad dated 12th February 1929, which reversed a decree of the Subordinate Judge of Aligarh dated 2nd June 1925, and dismissed the suit. The suit was instituted by the appellant on 7th September 1923, claiming absolute possession of an estate called Biswan. The present respondent is now defendant as representative of his brother, the original defendant, who died pending the suit, and is in possession of the estate.

The following table will conveniently show the alternative pedigrees maintained by the parties:

The main question at issue turns on the true parentage of Matmatangadhwaj Prasad Singh alias Misrilal (hereinafter called “M” ). The appellant maintains that he was the son of Shivbaran Singh and Mt.Ram Kunwar, while the respondent maintains that his parents were Thakur Garurudhwaja Prasad Singh (hereinafter called “G.” ) and Rani Basant Kunwar. On the death of his father. Gir Prasad Singh in 1880, G. took possession of the estate as owner and held it till his death in 1912. On 30th June 1886, his brother, Saparan-dhwaja Prasad Singh, brought a suit to recover half of the estate from him on t