JUDGMENT - Naik, J.

1. This appeal raises some interesting questions under Hindu Law. The circumstances leading to this appeal may be briefly set out as follows; Sitaram Agarwal of Arvi owned considerable property, both moveable and immoveable. He adopted one Kisanlal as a son. After the adoption of Kisanlal, a son named Mangilal was born to him from his wife Parubai. After the death of Sitaram in 1914, his two sons Kisanlal and Mangilal succeeded to the property by right of survivorship. They continued to enjoy the property as coparceners till 1938. In that year, there was a partition between Kisanlal and Mangilal and, in that partition, Kisanlal was awarded 1/4th share and Mangilal 3/4th share in the joint family property. Mangilal got 13 malguzari villages and lands to the tune of about 1600 acres in addition to cash and move-ables of considerable value. Mangilal had two wives, Saraswatibai and Trivcnibai. A daughter was born to Mangilal from Saraswatibai, called Durgabai. Saraswatibai died on 11-6-1943. The plaintiff was born to Mangilal from Trivenibai on 1-11-46. Fields S. Nos. 1, 2, 4 and 18 of mouza Mohommadpur, measuring 95.19 acres and assessed at Rs. 158/-, formed part o

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