Modi, J.—I his is a second appeal by the plaintiff Sheonath Singh in a suit for possession and cancellation of a will.

2. The material facts may be shortly stated as follows. It is common ground that Kan Singh deceased and the plaintiff Sheonath Singh are first cousins. On the 15th November, 1946, Kan Singh made the will Ex. 1 in favour of one Madanlal by which he bequeathed all his movable and immovable property to the said Madanlal. Sheonath Singh thereupon instituted the present suit during the life-time of Kan Singh on the 29th December, 1948, on the allegations that Kan Singh was a member of a joint Hindu family consisting of himself and the former and that he had no right to make a will of the joint family property in the manner in which did. The suit was originally brought against Kan Singh only and was merely for cancellation of the will. Kan Singh subsequently died on the 28th September, 1949. Thereupon the plaintiff amended his suit, impleaded Madanlal as defendant in place of Kan Singh deceased and prayed for possession also. The Munsiff Dausa in whose court the suit had been filed dismissed it in the first instance by his judgment dated the 29th March. 1952. The Munsiff

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