( 1. ) THIS appeal and First Appeal No. 110 of 1954 arise out of Civil Suit No. 16a of 1951 decided by the First Additional District Judge, Jabalpur. This suit was tiled by Jhunkaribahu (appellant No. 1) and Ramdas (appellant No. 2) against the respondents for partition of the property in suit which consists of Sir and Khudkast lands in village Padwar and a house bearing No. 395/253b in Bhaldarpura, Jabalpur. Another First Appeal No. 166 of 1951 which relates to a share in the same property has also been heard along with these appeals. This latter appeal arises out of Civil Suit No. 22a of 1950 which was filed by Girnarchand (respondent No. 1) against Phulchand (appellant) Rupchand (respondent No. 2) and Girjabai alias Rajrani (respondent No. 3 ). This judgment governs the disposal of all the three appeals.

( 2. ) THE facts which were not disputed in both the suits and are not also disputed in these appeals are these : The properties in suit belonged to one Bhaosingh, who died leaving four sons as shown in the genealogy below : BHAOSINGH

_______________________________________|_______________________

_ | | tikaram (28-9-1996)Chuttulal (24-10-1905)=mst. Rani Bahu | | kodulal (13-6-1906)Nathulal (1891)=mst. Noni Bahu =mst. Sardaran Bahu =mst. Bari Bahu (4-10-1908) (13-4-1940) | phulchand (2-9-1957) (22-2-1903)| Rupchand (adopted in 1903) (adopted in 1921) The dates given in the brackets in the above genealogy show the order in which the four brothers and their widows died. After the death of Tikararn and Nathulal, the property passed to Chhuttulal and Kodulal. Chhuttulal was also known as Chhotelal and has been referred to as such in some of the documents filed by the parties. Chhuttulal died in 1905 leaving his widow Sardaran Bahu. Kodulal died in 1906 leaving his widow Noni Bahu. In 1921 Sardaran Bahu adopted Phulchand and in 1928 Noni Bahu adopted Rupchand, Noni Bahu died in 1927 and Sardaran Bahu in 1940.

( 3. ) THE case of the plaintiffs in both the suits rests on a will dated 11-6-1906 executed by Kodulal. By that will Kodulal made the following dispositions :

(i) Half share in the property to Noni Bahu for life with remainder over to Sonelal who was Noni Bahus sisters son. (ii) Half share to Sardaran Bahu for life with remainder over to Lakshmiprasad son of Khushalchand. These two dispositions by will executed by Kodulal have led respectively to the two suits under appeal.

( 4. ) WE may now refer briefly to the pleadings and findings in the two suits. Civil Suit No. 22a of 1950.

(i) Plaintiff Girnarchand filed this suit on these allegations. Sonelal to whom the half share held by Noni Bahu was to pass died in 1919 leaving behind his widow Mst. Rajrani alias Girjabai. The plaintiff Girnarchand was adopted by Rajrani in 1948. The plaintiff thus became the owner of the half share of Noni Bahu in the suit properties after her death. (ii) The defendant Phulchand admitted that Kodulal had executed, the will as alleged, but stated that Chhuttulal and Kodulal were separate and thus Kodulals power to devise the property by will was limited to his half share only. The claim for half share in the village Padwar was not thus disputed. As regards the claim to half share in Bhaldarpura house, the defendant admitted that it was owned in common by Chhuttulal and Kodulal. He, however, pleaded that it was in the exclusive possession of Sardaran Bahu and of himself adversely to the plaintiff all along. Hence the claim of Girnarchand to a share therein was barred by time. (iii) The lower Court did not find the partition proved and held that the family was joint when Chhuttulal died. Accordingly, it was held that Kodulal became the sole coparcener after the death of Chhuttulal and could dispose of the whole property by will. As regards the house, the claim of defendant Phulchand that he held the house adversely was not accepted. The suit was thus decreed for half share in the Bhaldarpura house as well as the village lands. Phulchand has ap