1. This suit was filed on behalf of the plaintiff by his next friend during the minority of the plaintiff on 15-9-1951 for a partition of the estate of Mufatlal Gagalbhai on the ground that the plaintiff was the illegitimate son of the said Mafatlal by defendant 7 Sushilabai. It is alleged that Mafatlal was a Shudra by caste and was a kadwa Patidar and that the mother the plaintiff, defendant 7 is also a Shudra. The deceased Mafatlal died as far back as 19-7-1944.

It is said that the deceased was introduced to Sushilabai sometime in 1925 who was at that time a widow, and that from the year 1927 for a continuous period of 17 years Sushilabai was in Mafat-fals continuous and exclusive keeping as a permanent concubine. Defendant 8 is a daughter of the said Mafatlal by Sushilabai. It is alleged further that the plaintiff was born to Sushilabai in 1931 and the daughter was born in 1939.

It is contended that the plaintiff as the illegitimate son of the deceased is entitled to a share out of the estate of the deceased namely half the share which he would have received had he been a legitimate son of the deceased and therefore he is entitled to a partition of the estate on that footi