Judgement

JUDGMENT:- The unsuccessful defendants 1 to 5 are the appellants. This appeal arises out of a suit for partition in which the plaintiff has also sought for a declaration that he is the adopted son of late Mohan, which has been decreed.

2. The plaintiff and defendants are members of one family. The family genealogy is set out hereinbelow :-

The plaintiff claims to be the adopted son of Mohana and, therefore, wants to partition his one-third share in the entire joint family properties described in schedules A, B and C of the plaint. He further claims that his adoptive father Mohan got his Jyesthansa which he has separately mentioned in schedule G and that he is in possession of the properties set out in schedules D, E and F which may be allotted towards his share in the partition by metes and bounds.

3. Defendant No. 6 did not contest and has been set ex parte. The other defendants jointly filed a written statement. Their case is that even though all the parties are joint in mess and property and are in possession of different parcels of land for the sake of convenience, there has been no partition of the family properties by metes and bounds. Mohana never adopted the plainti