1. - The instant first appeal has been preferred against the judgment and decree dated 1.2.1979 passed by the learned Additional District Judge, Sirohi.

2. Brief facts necessary for disposal of the instant first appeal are that one Heera Chand, his son Bheru Mal and his mother Smt. Sangari filed a Civil Suit No. 11 of 1974 against Prem Chand and three others for possession of the suit-house and mesne profits. It is alleged by the plaintiffs in the plaint that defendant No. 3 Ratan Chand and plaintiff Heera Chand are real brothers but Ratan Chand was given in adoption to Prithvi Raj, who was real brother of deceased Man Mal. It is also alleged that Ratan Chand was given in adoption 59 years ago from the date of filing of the suit to Prithvi Raj. Man Mal and his brother Prithvi Raj were members of a joint Hindu Family. In 1955 A.D. the plaintiff and Ratan Chand partitioned the property of Joint Hindu Family and in that partition, the house in question situated in village Khudala, Tehsil Bali District Pali fell to the share of plaintiff Heera Chand. According to the plaint allegations, the above oral partition was recorded into a Memorandum at Bombay on 10.1.1955. It is also a