1. This is a Letters Patent appeal IN against the decision of Badkas, J., whereby he decreed the plaintiffs suit. The short facts are that one- Rajaram of village Andhrud died on 20th February, 1929. At his death, he left defendant No. 1 Uttamrao as the only child. Plaintiff No. 1 Sitaram alleged that he was a posthumous son of Rajaram through his wife Saijai having been born on 23rd December, 1929, i.e., 308 days after Rajarams death. Plaintiff No. 2 is an alienee of some property. Uttamrao, the son of Rajaram, is defendant No. 1 and Atari and Madhaorao, defendants Nos. 2 and 3, are his sons. Defendant No. 4 Saijai is the mother of plaintiff No. 1 and defendant No. 5 Salubai is the mother-in-law of Uttamrao. Since the death of Rajaram, all the properties stood in the names of Uttamrao and the plaintiff Sitaram. The suit out of which the appeal arises was filed in 1950 for partition and possession. The contesting defendants raised a number of pleas. They pleaded that Saijai was not the lawfully wedded wife of the deceased Rajaram. According to their case, the was the wife of one Bapurao and was kept by Rajaram as a concubine in a separate residence after the death of his se