P.K. Tare, J.

This is a plaintiff's appeal, whose suit was dismissed by Shri V.S. Deshpande, First Civil Judge Class I, Khandwa, on 30-4-1952 in Civil Suit No. 18-A of 1951. The original plaintiff-appellant Rao Ranitsingh died and the present appellant Rao Motisingh has been substituted in his place. The original, defendant-respondent Thakur Narayansingh also died and the present respondents 1 (a) to 1 (e) were substituted in his place.

The appellant filed the suit, out of which the present appeal arises for possession of two Sir fields Khasra Nos. 91 and 133 and one Khudkast field namely, Khasra No. 69/1 of mouza Saktapur, as also for a declaration that the respondent is separate from the plaintiff with effect from 5-1-1951, and for a permanent injunction restraining the respondent from interfering with the plaintiff's management of the family estate, which he claimed to hold by right of primogeniture.

The defence was that the family was not governed by the rule of primogeniture and that the defendant as a member of the joint Hindu family was entitled to claim a share in the ancestral joint Family property. The only question involved in the present appeal is whether the parti