, J.

1. The following Pedigree table will be of help in stating the facts of this regular second appeal field by Kalu defendant:-

- GULAB ____________________|____________________ | | | Nand Singh Karma Munshi plaintiff (Died issueless in 1961) | ________________________________________|____ | | | Battan Singh Rattan Singh Ujagar Singh Defendant No. 4 Defendant No. 3 Defdt. No. 2 | Kalu minor Defendant No. 1

2 The dispute relates to a one-third share in the joint khata of the parties which had belonged to Karma son of Gulab. Karma died without leaving any widow or issue in 1961 and a dispute has arisen about succession to his one-third share in the joint khata between his brother Nand Singh plaintiff on one side and the sons and a grandson of a pre-deceased brother of the deceased, namely Munshi son of Gulab. As Munshis sons and grandson were described to have gone into unlawful possession of the land, Nand Singh plaintiff claiming to be the nearest heir under Hindu Succession Act, 1956, had filed this suit for the possession of Karmas one-third share in the joint holding. It had been alleged in paragraph 6 of the plaint that before the coming into force of the said Act, th