( 1 ) THIS is a plaintiffs appeal in a suit for declaration that the plaintiff is a son of one Mohkam singh and not of Ganga Sahai. His case was that he was Mohkams son by his legally wedded wife, Mt. Kallo, who had previously been the wife of the said Ganga Sahai. Mt. Kallo having thus been the wife of each of these two persons at different times and the plaintiffs case being that he is a son of Mohkam Singh and not of Ganga Sahai, the relief prayed for by him really meant that he wanted a declaration that he was a legitimate son of Mohkam Singh by that lady.

( 2 ) THE plaintiff set out a pedigree in the plaint, according to which one Hira Singh had four sons, nagar Singh, Mohkam Singh, Bhole Singh and Ram Sahai. Nagar Singh admittedly left a son tarif Singh, the defendant respondent in this case.

( 3 ) MOHKAM Singh had left India a long time ago for the Mauritius Island, returning home after about 30 years. During his absence hia property had been taken possession of by Nagar Singh, his brother. On his return, Mohkam Singh had to bring a suit against Nagar Singh for the recovery of his property.

( 4 ) THE suit giving rise to this appeal was filed on 21-9-1945 fo