B. R. DUBE, J. : -This is defendant's appeal against the judgment and decree passed by the learned Second Additional District Judge, Raipur, in civil suit No. 4-A of 1966, allowing respondent's claim for possession of the land described in Schedule 'C' of the plaint and for partition and separate possession of one-half share in the property as shown in Schedule 'A' of the plaint, together with mesne profits.

2. Chhotmal Dassani and Kewalchand Dassani were brothers. These two brothers separated in the year 1912, and a registered partition deed was executed on 4-10-1912. Chhotmal Dassani had no issue. He, therefore, adopted the appellant Kasturchand, who was the eldest son of Kewalchand. The respondent Kapurchand is the vounger son of Kewalchand. The parties are governed by the Banaras School of Hindu Law. Alter the partition, the branches of Kewalchand and Chhotmal became separate in all respects. Chhotmal executed a document dated 9-6-1952, styled as "Vyavastha Patra". He died a few days thereafter, leaving his widow Sonibai and adopted son (the appellant). These facts are not disputed.

3. Chhotmal, at the time of his death, left 81.71 acres of land in village Rawanguda, dis