GANGESHWAR PRASAD, J. : This appeal arises out of a suit for possession and mesne profits with respect to three houses situated in Allahabad. The suit was instituted by the Kayastha Pathshala (Prayag) Allahabad (hereinafter called the Pathshala), which claimed to be a society registered under the Societies Registration Act (XXI of 1860), through Dr. Narain Prasad Asthana as its president. The persons against whom the suit was brought were Baleshwar Lal defendant No. 1 and Krishna Kumar Sinha defendant No. 2 Baleshwar Lal died during the pendency of the suit and his widow Smt. Surja Kuar was thereupon substituted in his place. A decree for possession of the houses in suit has been passed by the trial Court against both the defendants and a decree for Rs. 222/- as past mesne profits has been passed against defendant No. 2 only Pendente lite and future mesne profits have also been made payable by defendant No. 2. This appeal has been preferred by Krishna Kumar Sinha defendant No. 2.

2. The case of the Pathshala was that one Munshi Nawal Kishore was the owner of the houses in suit, which were his self-acquired property. He bequeathed all his movable and immovable property to the Pathshala by means of a registered will dated 16th July 1943 and thus the Pathshala became the owner of the houses after the death of Munshi Nawal Kishore which took place on 7-4-1945. It was stated that the will had not been delivered to the Pathshala by the testator and for some time the institution had absolutely no knowledge about it. On coming to know of the will the Pathshala succeeded in tracing it out by making enquiries and then moved an application in the court of the District Judge of Allahabad for the grant of letters of administration of the property and credit of Munshi Nawal Kishore. The application was opposed by defendants Baleshwar Lal and Krishna Kumar Sinha. On account of a technical objection raised by Krishna Kumar Sinha to the maintainability of the application the Pathshala applied for its withdrawal and the District Judge granted permission to withdraw the application with liberty to file a regular suit. The defendants were said to be in wrongful possession of the houses in suit and a decree for possession and mesne profits past, pendente lite, and future was claimed against them.

3. The defendants filed separate written statements. Baleshwar Lal defendant No. 1, who was admittedly the brother of Munshi Nawal Kishore's wife, denied that Munshi Nawal Kishore had executed the will under which the Pathshala claimed the property in suit and stated that Munshi Nawal Kishore had bequeathed all his property to him by a will executed in November 1942. He alleged that Munshi Nawal Kishore remained ailing for several years before his death and that during this period he used to live with Munshi Nawal Kishore and to look after him. He had also to go to Ballia on several occasions to bring medicines for Munshi Nawal Kishore and it was in his absence on one of such occasions that the plaintiff managed to get the will dated 16th July 1943 executed in its favour while Munshi Nawal Kishore was on sick bed and was not in a sound state of mind. It was also stated that during the illness of Munshi Nawal Kishore the appellant Krishna Kumar Sinha who belonged to the same village as the deceased came to Allahabad and began living with him. Upon the death of Munshi Nawal Kishore the appellant put forward a claim to the property of the deceased and it led to a dispute between him and the appellant about mutation of names in the municipal records with respect to the houses in suit. An agreement was, however, reached between them by which the names of both of them were entered. It may here be mentioned that it has been observed by the learned Civil Judge in his Judgment that Suit. Surja Kuar, who was substituted in place of Baleshwar Lal, did not put In appearance to contest the suit or to substantiate the defence put forward by Baleshwar Lal and it