GUJRAL, C.J. :- On the allegations that his mother Chungba Bhutiani was the legally wedded wife of the defendant-respondent Kunzang Sherab and that he was born out of this wedlock, Sonam Tsering, appellant filed a suit in the Court of District Judge through his guar­dian claiming maintenance from his father and also a declaration against him claiming a right over the properties of the respondent, as detailed in the Sche­dule attached to the plaint. The Suit having been dismissed by the District Judge by Judgment dated 5-8-1978 the plaintiff has filed an appeal challenging the correctness of the findings given by him.

2. The basis of the plaintiff's claim is that his mother had married the re­spondent in 1951 and thereafter they lived together at Gangtok below the Lal Market. In 1955, his maternal grand father fell suddenly ill and his mother went to her father's house in Yangang to look after him. At that time, Chungba Bhutiani was pregnant and while she was still at Yangang she gave birth to the plaintiff at her parental house. Sometime thereafter she returned to Gangtok but the defendant refused to accept her, back and even did not permit her to enter his house. When all