The admissibility of conduct-based opinions under Sec. 50 of the Indian Evidence Act in determining relationships and the relevance of documentary evidence in establishing parentage.

Bhuvaneshwar Prasad, J.

1. The original sole plaintiff Janki Kahar alias Jan Ram was the appellant. During the pendency of this appeal he has died and his heirs have been substituted. In the suit, the case of the original plaintiff was that one Jhatu Kahar was the common ancestor of the parties. Ramnandan Kahar was his son. The land as given at the foot of the plaint stood recorded in the name of Ramnandan Kahar in the cadastral survey Khatian. Ramhandan Kahar, the common ancestor had four sons. The genealogical table has been given in paragraph No. 2 of the plaint, according to which Ramnandan Kahar had four sons, namely, Janki Kahar alias Jan Ram, Bechu Kahar, (Supre) alias Supu Ram and Bideshi Ram. Janki Ram is the plaintiff-appellant. Defendent No. 2 Most. Gul Bux is the widow of the deceased Bschu Kahar. Similarly, defendant No. 3 Man Mati is the widow of Supu Ram. Bideshi Ram is defendant No. 1. Defendant Nos. 4 to 6 are the sons of defendant No. 2. Defendant No. 7 is the son of Defendant No. 3 and defendant Nos. 8 to 10 are her daughters.

2. After the death of Ramnandan Kahar, all his four sons came in possession of the properties left behind by him. Since then they and their heirs are in joint cultivating possession of the land of Ramnandan Kahar, Bechu Kahar, one of the sons died about 10 years age leaving behind his widow (defendant No. 2) and three sons (defendant Nos. 4 to 6). Similarly, Supu Ram another son of Ramnandan Kahar died in the year 1970-71 leaving behind defendant No. 3 and his only son Krishna Ram defendant No. 7. He also left behind three daughters who are defendant Nos. 8 to 10. After the death of the two sons of Ramnandan Kahar, their descendants along with plaintiff and defendant No. 1 are coming in joint possession of the suit land, but the plaintiff and the defendants are living separately in mess and cultivation. Due to the old age the plaintiff who was the karta of the joint family had given up to discharges his futction as the karta and asked defendant No. 1 Bideshi Ram to manage the entire affairs of the joint family. Since then defendant No. 1 is the karta of the joint family. The parties are joint in cultivation, but separate in mess and business. The parties are cultivating the lands according to convenience and choice and these has been no partition by metes and bounds amongst the descendants of Ramnandan Kahar. The plaintiff has got separate cultivation over plot Nos. 13, 87, 111 and 113, out of the suit land over which he had spent huge amount of money. As such he is entitled to retain the same. In his the share left behind by his father. On these grounds the plaintiff-appellant claimed for the partition of the joint family properties.

3. The defendants have filed a written statement in which it has been contended that the plaintiff is not the son of Ramnandan Kahar. As a matter of fact, he is not even Kahar by caste. He has got no right, title, possession or interest over any portion of the suit land which is in conclusive possession of the defendants. The genealogical table given in the plaint is false. It is true that the plaintiff is the brother of defendant No. 1, though the same uterine blood, but through different fathers. As a matter of fact, one Sudan Ram a Kahar by casts was a resident of village Murmasi. He had a daughter named Jiwasia Kaharin. She was married to one Mutur Ram of the same village. Mutur Ram finding her unchastity divorced Jiwasia Kahar in about 65 years ago. Jiwasia came back to her fathers place and strated living with him at Murmusi. In course of time, she developed intimacy with one Kali Sao of village Lesiganj. This was not approved by the elders of the village who pressed Sudan Kahar to marry Jiwasia, Accordingly, Jiwasia was married to one Gopi Ram of Laxi Patra in Sagai form. She went to live with her new husband Gopi, but was immediately divorced as she was pregnant from before apparently through Kali Sah. She was, therefore, brought back to M