1. - This is an appeal by defendant No. 2 against the judgment: t and decree of the learned District Judge, Bikaner dated November 7, 19,70 whereby the appeal of the present appellant against the judgment and decree of the, learned Civil Judge, Ratangarh dated May 19, 1967 was dismissed and the decree passed by the learned Civil Judge in favour of the plaintiff-respondent Gani for possession of the disputed Guwari, for injunction and for compensation of Rs. 50/-was maintained.

2. The plaintiff Gani instituted a suit for possession in, respect of the disputed 'Guwari', alleging himself to be the owner thereof. It was averred that the disputed Gawari belonged to his grand-father Kadarkhan. Kadarkhan had no male issue. Kndarkhan's brother Hussainkhah's son Idukhan went in adoption to Kadarkhan. Kadarkhan had a daughter Goga. The plaintiff Gani is the son of Idukhan. Smt. Goga became widow in her young age, so she left her in-laws place Darasar and started living at Rajaldesar with her brother Idukhan. It was stated that Smt. Goga lived in the 'Gawari' from S.Y. 1970 till her death in S.Y. 1981 and plaintiffs' father Idukhan died in the St. Year 2000. In the settlement of S.Y.