JUDGMENT

1. By this first appeal u/S.96 of the CPC, plaintiff No. 2 has challenged the judgment and decree dated 6.6.1987 and 14.7.1987 passed by the learned V Addl. District Judge, Indore in COS No.2/1972-A which is in the nature of final decree in the partition suit holding that Rambhabai plaintiff No.1 and Lalchand has ½ - ½ share in the suit property and accordingly partitioning it.

2. In this appeal, the lis is between Mahendra Kumar and Rambhabai (since deceased through Shrikrishna Chourishi).

3. The Family Tree for convenience is reproduced as under :

Dhannalal

(Died on 28.5.1943)

Wife Sunder Bai

(Died on 26.11.1945)

Sohanlal (Son) Lalchand

(Adopted in 1913 by Dhannalal and (Adopted on 3/7/1945 by Sunder Bai)

Sundarbai (Died on 11/9/1923)

Wife Rambha Bai

(Died in 1995)

Mahendra Kumar

(Adopted on 7.12.1946) by Rambhabai

4. It would be worthwhile to take note of the chequered history of this case.

5. On 6.9.1943 Rambhabai had filed the suit for partition as against Sundarbai with the plea that Seth Dhannalal was the owner of the suit property who died intestate on 28.5.1943. Sundarbai was the wife of Dhannalal and mother-in-law of Ra