Summarize the following court judgment. Appeal No. 164 of 1952. Appeal from the Judgment and Decree dated the 12th August	 1949	 of the High Court of Judicature at Bombay in Appeals Nos. 63 and 148 of 1947	 from Original Decree	 arising out of the Decree dated the 31st July	 1946	 of the Court of the Civil Judge	 Senior Division	 Bijapur	 at Bijapur in Special Civil Suit No. 28 of 1945. J. B. Dadachanjiand Naunit Lal for the appellant. section B. Jathar and Ratnaparkhi Anant Govind for the respondents. March 23. The Judgment of the Court was delivered by VENICATARAMA AYYAR J. 3 VENKATARAMA AYYAR J. This appeal arises out of a suit for partition instituted by the appellant in the Court of the Civil Judge Senior Division	 Bijapur. The relationship of the parties will appear from the following genealogical table: Ramchandra : : : : : : Siddopant Krishnarao alias Sadashiv (d. 1897) (d.1899) m. Rukmini : (D 6) : : Gundo m. Laxmibai (D 5) : : : : : I Shrinivas Devji m. Akkubai (D 4) (adopted son) (adopted) plaintiff d. 6 9 1935. : : : : : Narayan Raghavendra Gundo D 1 D 2 D 3 Siddopant and Krishnarao were members of a joint undivided family. Krishnarao died in 1897 leaving behind a widow	 Rukminibai	 who is the sixth defendant in the suit. Siddopant died in 1899 leaving him surviving his son	 Gundo	 who died in 1901 leaving behind a widow	 Lakahmibai	 who is the fifth defendant. On 16th December	 1901	 Lakshmibai adopted Devji	 who died on 6th May	 1935	 leaving three sons	 defendants Nos. 1 to 3	 and a widow	 Akkubai	 the fourth defendant. On 26th April	 1944	 Rukminibai adopted the plaintiff	 and on 29th June	 1944	 he instituted the present suit for partition claiming a half share in the family properties. Siddopant and Krishnarao represented one branch of a Kulkarni family and were entitled for their share of the Watan lands	 to the whole of section No. 138 and a half share in section Nos. 133 and 136 in the village of Ukamnal and a half share in section Nos. 163	 164 and 168 in the village of Katakanhalli. The other branch was represented by Swamirao	 who was entitled for his half share 4 of the Watan lands	 to the whole of section No. 137 and to a half share in S.Nos. 133 and 136 in the village of Ukamnal and to a half share in section Nos. 163	 164 and 168 in the village of Katakanhalli. Siddopint purchased a house under Exhibit D 36 and lands under Exhibits D 61 and D 64	 and constructed two substantial houses. His grandson	 Devji	 also built a house. All these properties are set out in Schedules A and B to the plaint	 A Schedule consisting of houses and house sites and B Schedule of lands. It is the plaintiff 's case that these properties were either ancestral	 or were acquired with the aid of joint family funds. He accordingly claims a half share in them as representing Krishnarao. Swainirao died about 1903 issueless	 and on the death of his widow shortly thereafter	 his properties devolved on Devji as his nearest agnate	 and they are set out in Schedule C to the plaint. The plaintiff claims that by reason of his adoption he has become a preferential heir entitled to divest Devji of those properties	 and sues to recover them from his sons. In the alternative	 he claims a half share in them on the ground that they had been blended with the admitted Joint family properties. The defendants denied the truth and validity of the plaintiff 's adoption. They further contended that the only ancestral properties belonging to the family were the Watan lands in the villages of Ukamnal and Katakanhalli	 that the purchases made by Siddopant were his self acquisitions	 that the suit houses were also built with his separate funds	 and that the plaintiff was not entitled to a share therein. With reference to the properties in Schedule C	 they pleaded that the. plaintiff could not by reason of his adoption divest Devji of the properties which had devolved on him as heir. They denied that those properties had been blended with the joint family properties. Both the Courts below have held that the adoption of the plaintiff is true and valid	 and that question is no longer in dispute before us. They have also held that the purchases made by Siddopant and the houses built by him were his self acquisitions	 as was also the house built by Devji. The trial Court held that the 5 plaintiff was entitled to a half share in section Nos. 639 and 640 in Schedule A on the ground that they belonged to the family as ancestral properties; but the High Court held that that had not been established. As regards the properties set out in Schedule C	 while the trial Court decided that the appellant was entitled to them exclusively under the decision of the Privy Council in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil(1)	 the High Court held following a Full Bench decision of that Court in Jivaji Annaji vs Hanmant Ramchandra(2)	 that they belonged exclusively to Devji	 and that the plaintiff could lay no claim to them. Both the Courts a reed in negativing the contention of the plaintiff that there had been a blending of these properties with the joint family properties. In the result	 the High Court granted a decree in favour of the plaintiff for partition of the admitted Watan 	lands	 and otherwise dismissed the suit. The present appeal is preferred against this decision. The first contention that has been urged on behalf of the appellant is that the finding of the Courts below that the properties purchased by Siddopant and the houses constructed by him and Devji were self acquisitions	 is erroneous	 firstly because the burden was wrongly cast on the plaintiff of proving that they were made with the aid of joint family funds	 and secondly because certain documents which had been tendered in evidence by the plaintiff had been wrongly rejected as inadmissible. On the first question	 the argument of the appellant is that as the family admittedly possessed income producing nucleus in the ancestral Watan lands of the extent of 56 acres	 it must be presumed that the acquisitions standing in the name of Siddopant were made with the aid of joint family funds	 that the burden lay on the defendants who claimed that they were self acquisitions to establish that they were made without the aid of joint family funds	 that the evidence adduced by them fell far short of it	 and that the presumption in favour of the plaintiff stood unrebutted. For deciding whether this contention is well founded	 it is necessary to see (1)70 I.A. 232. (2) I.L.R. 6 what the findings of the Courts below are regarding the extent of the ancestral properties	 the income they were yielding	 the amounts that were invested by Siddopant in the purchases and house constructions	 and the other resources that were available to him. On the question of the nucleus	 the only properties which were proved to belong to the joint family were the Watan lands of the extent of about 56 acres	 bearing an annual assessment of Rs. 49. There is no satisfactory evidence about the income which these lands were yielding at the material period. Rukminibai	 P.W. 6	 and Akkubai	 D.W. 1	 gave conflicting evidence on the point. But neither of them could have had much of first hand knowledge	 as both of them came into the family by marriage long after the nineties	 and were then very young. The lessee who cultivated the lands of Swamirao	 who owned	 a share in the Watan lands equal to ' that of Siddopant and Krishnarao	 deposed that the net income was Rs. 30 per annum. On a consideration of the entire evidence	 the trial Court put the annual income at Rs. 150. On appeal	 the learned Judges of the High Court were also of the opinion that the income from the lands could not have been considerable. They characterised the oral evidence of P.W. 6 and D.W. I on the point as worthless. They observed that the assessment of less than a rupee per acre was an indication that the lands were of poor quality. They referred to the fact that both the brothers were obliged to go to the State of Hyderabad for earning their livelihood	 and that Krishnarao had been obliged to borrow under Exhibits D 89 and D 90 even petty amounts like Rs. 26 and Rs. 10 on onerous terms	 and they accordingly concluded that the income from the lands could not have beep sufficient even for maintenance. Coming next to the acquisitions	 on 21st May	 1871	 Siddopant purchased under Exhibit D 36 a house for Rs.200 from his mother in law. On 11th May	1885	 he purchased under Exhibit D 61 section No. 23 Ukamnal village for a sum of Rs. 475. On 23rd July	 1890	 he purchased under Exhibit D 64 lands bearing section Nos. 2025 and 2140 for Rs. 2	400. In this suit	 we are concerned 7 only with section No. 2025. Apart from these purchases	 he constructed two houses	 one on section Nos. 639	 640 and 641	 and another on S.Nos. 634 and 635. 2 and 3 have deposed that these constructions would have cost between Rs. 20	000 and Rs. 25	000	 and both the Courts have accepted this evidence. It was argued for the appellant that these witnesses had no first hand knowledge of the constructions	 and that their evidence could not be accepted as accurate. But making all allowances for inexactitude	 there cannot be any doubt that the buildings are of a substantial character. After 1901	 Devji built a house on section Nos. 642	 644 and 645 at a cost estimated between Rs. 2	000 and 4	000. Thus	 sums amounting to about Rs. 30	000 had been invested in the acquisition of these properties and construction of the houses. Where did this money come from ? The evidence is that Siddopant was a Tahsildar in the State of Hyderabad	 and was in service for a period of 40 years before he retired on pension. Though there is no precise evidence as to what salary he was drawing	 it could not have been negligible	 and salary is the least of the income which Tahsildars generally make. The lower Courts came to the conclusion that having regard to the smallness of the income from the ancestral lands and the magnitude of the acquisitions made	 the former could not be held to be the Foundation for the latter	 and on the authority of the decision of the Privy Council in Appalaswami vs Suryanarayanamurti (1) held that the initial burden which lay on the plaintiff of establishing that the properties of which a division was claimed were joint family properties had not been discharged. The law was thus stated in that case: " The Hindu law upon this aspect of the case is well settled. Proof of the existence of a joint family does not lead to the presumption that property held by any member of the family is joint	 and the burden rests upon anyone asserting that any item of property was joint to establish the fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may (1) I.L.R. at 447	 448 8 have been acquired	 the burden shifts to the party alleging self acquisition to establish affirmatively that the property was acquired without the aid of the joint family property: See Babubhai Girdharlal vs Ujamlal Hargovandas (1)	 Venkataramayya vs Seshamma(2) Vythianatha vs Vdradaraja (3). " It is argued for the appellant that in that case the father had obtained under the partition deed	 Exhibit A	 properties of the value of Rs. 7	220	 that he acquired properties of the value of Rs. 55	000	 and that never theless	 it was observed by the Privy Council that " the acquisition by the appellant of the property under Exhibit A	 which as between him and his sons was joint family property	 cast upon the appellant (the father) the burden of proving that the property which he possessed at the time of the plaint was his self acquired property "; and that therefore on proof that there existed ancestral lands of the extent of 56 acres	 the burden was shifted on to the defendants to establish self acquisition. Whether the evidence adduced by the p plaintiff was sufficient to shift the burden which initially rested on 	him of establishing that there was adequate nucleus out of which the acquisitions could have been made is one of fact depending on the nature and the extent of the nucleus. The important thing to consider is the income which the nucleus yields. A building in the occupation of the members of a family and yielding no income could not be a nucleus out of which acquisitions ' could be made	 even though it might be of considerable value. On the other hand	 a running business in which the capital invested is comparatively small might conceivably product substantial income	 which may well form the foundation of the subsequent acquisitions. These are not abstract questions of law	 but questions of fact to be determined on the evidence in the case. In Appalaswami vs Suryanarayanamurti (4)	 the nucleus of Rs. 7	220 included 6/16th share in a rice mill and outstandings of the value of Rs. 3	500	 and as the acquisitions in question were made during a period of (1) I.L.R. (2) I.L.R. 	 (3) I.L.R. (4) I.L.R. 9 16 years it was possible that the joint family income might have contributed therefor. But in the present case	 the finding of the Courts is that the income from the lands was not sufficient even for the maintenance of the members	 and on that they were right in holding that the plaintiff had not discharged the initial burden which lay on 'him. But even if we are to accept the contention of the appellant that on proof of the existence of the Watan lands the burden had shifted on to the defendants to prove that the acquisitions were made without the aid of joint family funds	 we must hold on the facts that that burden had been discharged. In Appalaswami vs Suryanarayanamurti (1)	 in holding that the father had discharged the burden of proving that the acquisitions were his own	 the Privy Council observed: "The evidence establishes that the property acquired by the appellant under Exhibit A is substantially intact	 and has been kept distinct. The income derived from the property and the small sum derived from the sale of part of it have been properly applied towards the expenses of the family	 and there is no evidence from which it can be held that the nucleus of joint family property assisted the appellant in the acquisition of the properties specified in the schedule	 to the written statement. " Likewise	 in the present case all the ancestral Watan lands are intact	 and are available for partition	 and the small income derived from them must have been utilised for the maintenance of the members of the family. Whether we hold	 as did the learned Judges of the High Court	 that the plaintiff had failed to discharge the burden which lay on him of establishing sufficient nucleus	 or that the defendants had discharged the burden of establishing that the acquisitions were made without the aid of joint family funds	 the result is the same. The contention of the appellant that the findings of the Courts below are based on a mistaken view as to burden of proof and are in consequence erroneous	 must fail. (1) I.L.R. 10 It was	 next contended that certain documents which were tendered in evidence had been wrongly rejected by the Courts below	 and that the finding of self acquisition reached without reference to those documents should not be accepted. These documents are judgments in two suits for maintenance instituted by Rukminibai in the Sub Court	 Bijapur	 C.S. No. 445 of 1903 and C.S. No. 177 of 1941 and in appeals therefrom	 C.A. No. 5 of 1905 and C.A. No. 39 of 1942 respectively in the District Court	 Bijapur. These documents	 were produced before the	 trial Court on 17th July	 1946	 along with 28 other documents when the hearing was about to commence and were rejected. On appeal	 dealing with the complaint of the plaintiff that these documents had been wrongly rejected	 the High	 Court observed : " Apart from the fact that these documents were produced at a very late stage of the case. . these judgments could have been admitted in evidence only if they could be shown to be relevant under any of the sections 40 to 44 of the Indian Evidence Act. None of these sections applied in this case. The trial Judge was	 therefore	 right in not admitting them in evidence." The argument of the appellant is that these judgments are admissible under section 13 of the Evidence Act as instances in which there was an assertion that the suit properties belonged to the joint family. For the respondents	 it is contended that the dispute between the parties in those litigations was only about the quantum of maintenance to be awarded	 that no question of title to the properties was directly involved	 and that section 13 was inapplicable. We are unable to accept this contention. The amount of maintenance to be a warded would depend on the extent of the joint family properties	 and an issue was actually frame d on that question. Moreover	 there was a prayer that the maintenance should be charged on the family properties	 and the same was granted. We are of opinion that the judgments are admissible under section 13 of the Evidence Act as assertions of Rukminibai that the properties now in. dispute belonged to the joint family. 11 But there is another difficulty in the way of the reception of this evidence. It was contended by the respondents on the basis of the observations in the judgment of the High Court already extracted that the real ground of rejection was that the documents were produced late. The order of the trial Court rejecting the document has not been produced before us. But there	 is on the record a petition filed by the plaintiff on 25th July	 1946	 after the evidence was closed and before arguments were addressed	 for the admission of the 32 documents rejected on 17th July	 1946	 and therein it is stated that "they have been rejected on the ground of late production." The defendants endorsed on this petition that if the documents were to be admitted at that stage	 an opportunity would have to be given to them to adduce evidence and the trial would have to be re commenced; and the prayer for admission of these documents was accordingly opposed. The Court dismissed the petition. The rejection of the documents was therefore clearly made under Order XIII	 rule 2	 and there are no grounds for now setting aside that order and reopening the whole case. This ground of objection must therefore fail. Apart from the Watan lands which are admittedly ancestral	 and apart from the purchases made under Exhibits. D 36	 D 61 and D 64 and the houses which we have held to be self acquisitions	 there are certain plots mentioned in Schedule A in which the plaintiff claims a half share. These are the sites on which the houses have been constructed. ' The contention of the plaintiff is that they are ancestral properties. The trial Court held that in the absence of a title deed showing that the sites were acquired by members of the family they must be held to be ancestral	 and on that ground	 decreed to the plaintiff a half share in section Nos. 639 and 640. The High Court reversed this decision observing generally that the evidence relating to the house sites was not clear	 "when they were acquired or by whom"	 and that in the absence of evidence showing that they formed part of the joint family properties	 they must be held to be self acquisitions. With respect	 we are unable to agree with this view. While it is not 12 unusual for a family to hold properties for generations without a title deed	 an acquisition by a member would ordinarily be evidenced by a deed. When	 therefore	 a property is found to have been in the possession of a family from time immemorial	 it is not unreasonable to presume that it is ancestral and to throw the burden on the party pleading self acquisition to establish it. It is necessary in this view to examine the evidence relating to the several plots for which no title deeds have been produced. section Nos. 634 and 635 form one block	 on which one of the houses has been constructed. The sanads relating to them are Exhibits D 45 and D 46	 and they merely recite that the grantee was in occupation of the plots	 and that was confirmed. There is reference in them to a previous patta granted by the Government. Exhibits 52 to 55 are pattas showing that the properties comprised therein had been acquired from the Government. If the identity of section Nos. 634 and 635 with the properties comprised in these documents had been established	 the plea that they are not ancestral would have been made out. But that has not been done	 and the presumption in favour of their being ancestral property stands unrebutted. The claim of the plaintiff to a half share therein must be allowed. section Nos. 639	 640 and 641 form one block	 on which there is another house standing. There is no title deed for section No. 639. Exhibit D 47 is the sanad for section No. 640	 and it merely recognises the previous occupation by the grantee	 and that is consistent with its character as ancestray property. Exhibit D 48 is the sanad for section No. 641 and is in the same terms as Exhibits D 45 and D 46. The claim of the plaintiff with reference to all these items must be upheld. We have next section Nos. 642	 644 and 645	 on which Devji constructed a house. The relative sanads are respectively Exhibits D 49	 D 50 and D 51. Their contents are similar to those of Exhibits D 45 and D 46	 and for the same reasons	 these plots must be held to belong to the joint family. We have next section No. 622 on which there stands a house. It is clear from Exhibit D 43 that this was purchased by Devji at a Government auction in the year 1909. The plaintiff can lay no claim to it. Then there is 13 section No. 643. The oral evidence relating to this is that a family temple stands on it. It cannot be partitioned. In the result	 it must be held that the plots	 section Nos. 634 and 635	 section Nos. 639	 640 and 641 and section Nos. 642	 644 and 645 are ancestral properties	 and that the plaintiff is entitled to a half share therein. As substantial superstructures have been put thereon	 the appropriate relief to be granted to the plaintiff is that he be given half the value of those plots as on the date of the suit. It remains to deal with the claim of the plaintiff for possession of C Schedule properties on the ground that by adoption he became the preferential heir of Swamirao and is consequently entitled to divest Devji and his successors of these properties. The contention of the appellant based on the decision of the Privy Council in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (1) is that on adoption the adopted son acquires all the rights of an aurasa son	 that these rights relate back to the date of the death of the adoptive father	 and that in consequence his right to share in the joint family properties and to inherit from the collaterals should both be worked out as from that date. The contention of the respondents based on Jivaji Annaji vs Hanmant Ramchandra (2) is that the doctrine of relation back does not extend to properties which are inherited from a collateral. The question thus raised is one of considerable importance	 and involves a decision as to the correctness of the law as laid down in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (1). Considering the question on principle	 the ground on which an adopted son is held entitled to take in defeasance of the rights acquired prior to his adoption is that in the eye of law his adoption relates back	 by a legal fiction	 to the date of the death of his adoptive father	 he being put in the position of a posthumous son. As observed by Ameer Ali J. in Pratapsing Shivsing vs Agarsingji Raisingji (3)	 (1) 70 I.A. 232. (2) I.L.R. (3) 46 I.A. 97 at 107. 14 Again it is to be remembered that an adopted son is the continuator of his adoptive father 's line exactly as an aurasa son	 and that an adoption	 so far as the continuity of the line is concerned	 has a retrospective effect; whenever the adoption may be made there is no hiatus in the continuity of the line. In fact	 as West and Buhler point out in their learned treatise on Hindu Law	 the Hindu lawyers do not regard the male line to be extinct or a Hindu to have died without male issue until the death of the widow renders the continuation of the line by adoption impossible. " It is on this principle that when a widow succeeds to her husband 's estate as heir and then makes an adoption	 the adopted son is held entitled	 as preferential heir	 to divest her of the estate. It is on the same principle that when a son dies unmarried and his mother succeeds to his estate as his heir	 and then makes an adoption to h er husband	 that adopted son is held entitled to divest her of the estate. (Vide Vellanki Venkata vs Venkatarama(1) and Verabhai vs Bhai Hiraba(2). The application of this principle when the adoption was made to a deceased coparcener raised questions of some difficulty. If a joint family consisted of two brothers A and B	 and A died leaving a widow and the properties were taken by survivorship by B	 and then W took a boy X in adoption	 the question was whether the adopted son could claim a half share in the estate to which A was entitled. It was answered in the affirmative on the ground that his adoption related back to the date of the death of A. But suppose before W makes an adoption	 B dies leaving no son but a widow C and the estate devolves on her	 can W thereafter make an adoption so as to confer any rights on X to the estate in the hands of C ? It was held in Chandra vs Gojarabai(3) that the power to make an adoption so as to confer a right on the adopted son could be exercised only so long as the coparcenary of which the adoptive father was a member subsisted	 and that when the last of the coparceners died and the properties thereafter devolved on his (1) 4 I.A. Bom. (2) 30 I.A. 234. 15 heir	 the coparcenary had ceased to exist	 and that therefore W could not adopt so as to divest the estate which had vested in the heir of the last coparcener. In view of the pronouncements of the Judicial Committee in Pratapsing Shivsing vs Agarsingji Raisingji(1) and Amarendra Mansingh vs Sanatan Singh(2) that the validity of an adoption did not depend on whether the adopted son could divest an estate which had devolved by inheritance or not	 a Fall Bench of the Bombay High Court held in Balu Sakharam vs Lahoo Sambhaji(3) that in such cases the adoption would be valid	 but that the estate which had devolved upon the heir could not be divested. In Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil(4)	 the Privy Council dissented from this view	 and held that the coparcenary must be held to subsist so long as there was in existence a widow of a coparcerier capable of bringing a son into existence by adoption	 and if she made an adoption	 the rights of the adopted son would be the same as if he had been in existence at the time when his adoptive father died	 and that his title as coparcener would prevail as against the title of any person claiming as heir of the last coparcener. In substance	 the estate in the hands of such heir was treated as impressed with the character of coparcenary property so long as there was a widow alive who could make an adoption. This principle was re affirmed in Neelangouda Limbangouda vs Ujjan Gouda(5). Thus far	 the scope of the principle of relation back is clear. It applies only when the claim made by the adopted son relates to the estate of his adoptive father. This estate may be definite and ascertained as when he is the 'sole and absolute owner of the properties	 or it may be fluctuating as when he is a member of a joint Hindu family	 in which the interest of the coparceners is liable to increase by death or decrease by birth. In either case	 it is the interest of the adoptive father which the adopted son is declared entitled to take as on the date of his death. The point for (1) 46 I.A. 97. (4) 70 I.A. 232. (2) 6o I.A. 242. (5) (3) I.L.R. 16 determination now is whether this doctrine of relation back can be applied when the claim made by the adopted son relates not to the estate of his adoptive father but of a collateral. The theory on which this doctrine is based is that there should be no hiatus in	 the continuity of the line of the adoptive father. That	 by its very nature	 can apply only to him and not to his collaterals. In the Oxford Dictionary the word "collateral" is defined as meaning "descended from the same stock but not in the same line. " The reason behind the rule that there should be continuity in line does not warrant its extension to collaterals. Nor is there any authority until we come to the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil(1)	 which applied the theory of relation back to the properties inherited from collaterals. With reference to them	 the governing principle was that inheritance can never be in abeyance	 and that once it devolves on a person who is the nearest heir under the law	 it is thereafter not liable to be divested. The law is thus stated in Mulla 's Hindu Law	 11th Edition	 at pages 20 and 21 : "On the death of a Hindu	 the person who is then his nearest heir becomes entitled at once to the property left by him. The right of succession vests in him immediately on the death of the owner of the property. It cannot under any circumstances remain in abeyance in expectation of the birth of a preferential heir where such heir was not conceived at the time of the owner 's death. "Where the estate of a Hindu has vested in a person who is his nearest heir at the time of his death	 it cannot be divested except either by the birth of a preferable heir such as a son or a daughter	 who was conceived at the time of his death	 or by adoption in certain cases of a son to the deceased." ' In Bhubaneswari Debi vs Nilkomul Lahiri(2)	 the facts were that Chandmoni	 the widow of one Rammohun	 died on 15th June	 1867	 and the estate 	devolved on his nephew	 Nilkomul as reversioner. Subsequently	 Bhubaneswari Debi	 the widow of a (1) 70 I.A. 232. (2) 12 I.A.137. 17 brother of Rammohun called Sibnath	 took a boy	 Jotindra	 in adoption	 and the suit was by him for half a share in the estate. If his adoption could relate back to the date of death of Sibnath	 which was on 28th May	 1861	 Jotindra would be entitled to share the inheritance equally with Nilkomul. That was the argument put forward in support of his claim. (Vide page 139). 	 In negativing this contention	 Sir Barnes Peacock observed: "According to the law as laid down in the decided cases	 an adoption after the death of a collateral does not entitle the adopted son to come in as heir of the collateral. It is true that reference is also made to the fact that the boy adopted was not actually in existence on the date of the death of Chandmoni ; but that	 however	 would make no difference in the legal position	 if the principle of relation back was applicable. One of the cases which the Privy Council had in mind was Kally Prosonno Ghose vs Gocool Chunder Mitter(1)	 which was relied on in the High Court. Vide Nilkomul Lahuri vs Jotendro Mohan Lahuri(2). There	 it was hold that an adopted son could not claim the estate of his adoptive father 's paternal uncle	 which had devolved by inheritance prior to his adoption. In 1888 Golapchandra Sarkar Sastri observed in his Tagore Law Lectures on the Law of Adoption: "As regards collateral succession opening before	 adoption	 it has been held that an adoption cannot relate back to the death of the adoptive father so as to entitle the adopted son to claim the estate of a collateral relation	 succession to which opened before his adoption." (Vide pages 413 and 414). The law was thus well settled that when succession to the properties of a person other than an adoptive father was involved	 	the principle applicable was not the rule of relation back but the rule that inheritance once vested could not be divested. Before examining the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil(3)	 it is (1) I.I. R. (2) I.L.R. (3) 70 I.A. 232. 3 18 necessary	 to refer to the earlier pronouncements of the PrivY Council on the question	 which formed the basis of that decision. In Pratap Sing Shivsing vs Agarsinqit Raisingji(1) the question related to a jivai grant of the village of Piperia which had been made by the Ruler of Gamph to a junior member on condition	 that in default of male descendants it should revert to the thakur. The last incumbent	 Kaliansing	 died issueless in October	 1903	 leaving him surviving his widow	 Bai Devla. On 12th March	 1904	 she adopted Pratapsing Shivsing. The thakur then sued to recover possession of the village on the ground that the adopted son was not a descendant contemplated by the grant	 and that the adoption was invalid	 as it would divest him of the village which had vested in him in October	 1903. With reference to the first contention	 the Judicial Committee observed that under the Hindu Law an adopted son was as much a descendant as an aurasa son. On the second contention	 they held that the principles laid down in Raghunandha vs Brozo Kishoro(2) and Bachoo Hurkisondas. Mankorebai(3) as to divesting of joint family properties which had vested in other persons were applicable	 and that having regard to the interval between the date of the death of Kaliansing and the date of the adoption Pratapsing could be treated as a posthumous son. It will be noticed that the thakur did not claim to succeed to the village on the death of Kaliansing as his heir but on the ground of reverter under the terms of the grant	 and no question of relation back of title with reference to the succession of a collateral 's estate was involved. In Amarendra Mansingh vs Sanalan Singh(1)	 the question arose with reference to an impartible zamindari known as Dompara Rai in Orissa. The last of its holder	 Raja Bibhudendra	 died on 10th December	 1922	 unmarried	 and by reason of a family custom which excluded females from succeeding to the Raj	 a collateral Banamalai succeeded to it. On 18th December	 1922	 Indumati	 the mother of Bibhudendra	 adopted Amarendra to her husband	 Brajendra. The question (1) 46 I.A. 97. (3) 34 I.A. 107. (2) 3 I.A. 154. (4) 60 1	A	 242	 19 was whether by his adoption Amarendra could divest BanamaIai of the estate. It was held by the Privy Council that the validity of an adoption did not depend on whether an estate could be divested or not	 and that the point to be considered was whether the power to adopt had come to an end by there having come into existence a son	 who had attained the full legal capacity to continue the line. Applying these principles	 the Judicial Committee decided that the adoption was valid	 and that Amarendra took the estate as the preferential heir. It will be seen that in this case no claim of the adopted son to succeed to a collateral was involved	 and no question arose as to how far the theory of relation back could be invoked in support of such a claim. The estate claimed was that of his adoptive father	 Brajendra	 and if the adoption was at all valid	 it related back to the date of Brajendra 's death	 and enabled Amarendra to divest Banamalai. The point for determination actually was whether by reason of Bibhudendra having lived for about 20 years	 the power of his mother to adopt to her husband had come to an end. It may be noted that but for the special custom which excluded women from inheriting	 Indumati would have succeeded Bibhudendra as mother	 and an adoption by her would divest her of the estate and vest it in Amarendra	 and the case would be governed by the decisions in Vellanki Venkata vs Venkatarama(1) and Verabhai vs Bhai Hiraba(2). The only difference between these cases and Amarendra Mansingh vs Sanatan Singh(3) was that on the death of Bibhudendra his heir was not Indumati but Banamalai. This decision might be taken at the most to be an authority for the position that when an adoption is made to A	 the adopted son is entitled to recover the estate of A not merely when it has vested in his widow who makes the adoption but also in any other heir of his. It is no authority for the contention that he is entitled to recover the estate of B which had vested in his heir prior to his adoption to A. Vijaysingji Chhatrasingji vs Shipsangji Bhim		sangji(4) is a case similar to the one in Amarendra Mansingh vs Sanatan Singh(3). The property concerned was (1) 4 I. A. T. (3) 60 I.A. 242. (2) 30 I.A. 234. (4) 62 I.A. 161	 20 an impartible estate. Chandrasangji who was one of the holders of the estate died	 and was succeeded by his son	 Chhatrasingji. Chhatrasingji was then given away in adoption	 and thereafter Bhimsa@gji	 the. brother of Chhatrasingji	 succeed ed to the estate. Then the widow of Chhatrasingji made an adoption	 and the question was whether the adopted son could divest the estate in the bands of Bhimsangji. It was held that he could. Here again	 there was no question of collateral succession	 the point for decision being precisely the same as in Amarendra Mansingh vs Sanatan Singh(1). We next come to the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil(2). The facts of that case were that one Bhikappa died in 1905	 leaving him surviving his widow	 Gangabai	 and an undivided son Keshav. In 1908 Narayan	 the divided brother of Bhikappa died	 and Keshav succeeded to his properties as heir. In 1917 Keshav died unmarried	 and as the properties were Watan lands	 they devolved on a collateral	 Shankar. In 1930 Gangabai adopted Anant	 and he sued Shankar to recover possession of the properties as the adopted son of Bhikappa. The High Court had held that as the joint family ceased to exist in 1917 when Keshav died	 and as the properties had devolved on Shankar as his heir	 the adoption	 though valid	 could not divest him of those properties. The Privy Council held that the coparcenary must be taken to continue so long as there was alive a widow of the deceased coparcener	 and that GaDgabai 's adoption had the effect of vesting the family estate in Anant	 even though it had descended on Shankar as the heir of Keshav. The decision so far as it relates to joint family properties calls for no comment. When once it is held that the coparcenary subsists so long as there is a widow of a coparcener alive	 the conclusion must follow that the adoption of Anant by Gangabai was valid and operated to vest in him the joint family properties which had devolved on Shankar. Then	 there were the properties 'which Keshav had inherited from Narayan 	 which had also devolved on Shankar as his (1) 60 I A	 242. (2) 701 I.A. 232	 21 heir. With reference to them	 the Privy Council observed : " If the effect of an adoption by the mother of the last male owner is to take his estate out of the hands of a collateral of his who is more remote than a natural brother would have been	 and to constitute the adopted person the next heir of the last male owner	 no distinction can in this respect be drawn between pro perty which had come to the last male owner from his father and any other property which he may have acquired." On this reasoning	 it was held that Anant was entitled also to the properties inherited by Keshav from Narayan. Anant Bhikappa Patil (Minor) vs Shankar Ram Chandra Patil(1) must	 in our opinion	 be taken to decide that the doctrine of relation back will apply not only as regards what was joint family estate but also properties which had devolved by inheritance from a collateral. Otherwise	 it is impossible to justify the conclusion that the personal properties of Keshav which had vested in Shankar in 1917 would re vest in Anant even though he was adopted only in 1930. The question arise how this decision is to be reconciled with the principle laid down in Bhubaneswari Debi vs Nilkomul Lahiri (2) that an adoption made subsequent to the death of a collateral do es not divest the inheritance which had vested prior to that date. That that principle was not intended to be departed from is clear from the following observations of Sir George Raiikin: " Neither the present case nor Amarendra 's case(3) brings into 'question the rule of law considered in Bhuba neswari Debi vs Nilkomul Lahiri(3) (of Kalidas Das vs Krishnachandra Das(4)). . Their Lordships say nothing as to these decisions which appear to apply only to cases of inheritance ' " Nor does the discussion in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil(1) throw much light on this matter. Considerable emphasis is laid on the fact that a ooparcener has only a fluctuating interest in the joint family properties	 that it may increase by death and decrease by birth	 and that such a qualified (1) 70 I.A.232. (3) 60 I. A. 242. (2) 12 I.A. 137. (4) 2 B.L.R. 103 F.B. 22 interest as that must carry with it the liability to be divested by the introduction of a new coparcener by adoption. This reasoning	 however	 is wholly inapplicable to property which is not held in coparcenary	 such as the estate of a collateral devolving by inheritance. The judgment then refers to the decisions of the Board in Amarendra Mansingh vs Sanatan Singh(1) and Vijaysingji Chhatrasingji vs Shivsangji Bhimsangji(2)	 and it is observed that the impartible estates which were concerned therein were treated as separate property and not as joint family property	 a conclusion which does not settle the question	 because even on the footing that the estates were separate properties	 no question of collateral succession was involved in them	 the claim under litigation being ' in respect of the estate of the adoptive father and covered by the principle already established in Vellanki Venkata vs Venkatarama (3) and Verabhai vs Bhai Hiraba (4). Then follows the conclusion already quoted that no distinction can be drawn between properties which come from the father and properties which come from others. This is to ignore the principle that the doctrine of relation back based on the notion of continuity of line can apply and had been applied	 only to the estate of the adoptive father and not of collaterals. We may now turn to Jivaji Annaji vs Hanmant Ram. Chandra (5) wherein the scope of the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (6) came up for consideration. There	 the material facts were that Keshav and Annappa who were members of a joint family effected a partition	 and thereafter	 Annappa died in 1901	 leaving behind a widow	 Tungabai. Keshav died leaving behind a son	 Vishnu	 who died in 1918 without male issue	 and the property being Watan lands devolved on a collateral called Hanmant as his heir. In 1922 Tungabai adopted Jivaji. The question was whether he was entitled to divest the properties which had become vested in Hanmant as the preferential heir of Vishnu	 and the decision was that he was not. It will be noticed that (1)60 I.A. 242. (4) 30 I.A. 234. (2) 62 I.A. Bom. (3) 4 I.A. 1. (6) 70 I.A. 232. 23 Annappa to whom the adoption was made had at the time of his death become divided from his brother	 and the principles applicable to adoption by a widow of a deceased coparcener had therefore no application. It was a case in which the adopted son laid a claim to properties	 not on the ground that they belonged to the joint family into which he had been adopted but that they belonged to a collateral to whom he was entitled to succeed as a preferential heir	 and it was sought to divest Hanmant of the properties which had vested in him in 1918 on the strength of the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (1) The contention was that if Anant could as adopted son divest the personal properties of Keshav which had devolved on Shankar as his preferential heir	 Jivaji could also divest the properties which had devolved on Hanmant as the preferential heir of Vishnu. The learned Judges made no secret of the fact that this contention received support from the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (1); but they were impressed by the fact that the statement of the law in Bhubaneswari Debi vs Nilkomul Lahiri (2) as to the rights of an adopted son quoad the estate of a collateral had been reaffirmed	 and they accordingly held that the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (1) did not intend to alter the previous law that an adopted son could not divest properties which had been inherited from a collateral prior to the date of adoption. They distinguished the actual decision on the ground that as Keshav had vested in him both the ancestral properties as well as the properties inherited from Narayan	 and as admittedly there was a relation back of the rights of Anant in respect of the ancestral properties	 there should likewise be a relation back in respect of the separate properties. But it is difficult to follow this distinction. If under the law the rights of an adopted son differ according as they relate to the estate of his adoptive father or to property inherited from collaterals	 the fact that both classes of properties are held by the same person can make no difference in the quality of those rights. The position will (1) 70 I.A. 232. (2) 12 1 A. 137. 24 be analogous to that of a coparcener who has also self acquisitions	 in which case	 the devolution by survivorship of joint family properties does not affect the devolution by inheritance of the separate properties. The fact is	 as frankly conceded by the learned Judges	 they were puzzled by the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (1)	 and as it was an authority binding on the Indian Courts	 they could not refuse to follow it	 and were obliged to discover a distinction. This Court	 however	 is not hampered by any such limitation	 and is free to consider the question on its own merits. In deciding that an adopted son is entitled to divest the estate of a collateral	 which had devolved by inheritance prior to his adoption	 Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (1) went far beyond what had been previously understood to be the law. It is not in consonance with the principle well established in Indian jurisprudence that an inheritance could not be in abeyance	 and that the relation back of the right of an adopted son is only quoad the estate of the adoptive father. Moreover	 the law as laid down therein leads to results which are highly inconvenient. When an adoption is made by a widow of either a coparcener or a separated member	 then the right of the adopted son to claim properties as on the date of the death of the adoptive father by reason of the theory of relation back is subject to the limitation that alienations made prior to the date of adoption are binding on him	 if they were for purposes binding on the estate. Thus	 transferees from limited owners	 whether they be widows or coparceners in a joint family	 are amply protected. But no such safeguard exists in respect of property inherited from a collateral	 because if the adopted son is entitled on the theory of relation back to divest that property	 the position of the mesne holder would be that of an owner possessing a title defeasible on adoption	 and the result of such adoption must be to extinguish that title and that of all persons claiming under him. The alienees from him would have no protection	 as there could be no question of supporting the alienations on the ground of necessity (1) 70 I.A. 232. 25 or benefit. And if the adoption takes place long after the succession to the collateral had opened in this case it was 41 years thereafter and the property might have meanwhile changed hands several times	 the title of the purchasers would be liable to be disturbed quite a long time after the alienations. We must hesitate to subscribe to a view of the law which leads to consequences so inconvenient. The claim of the appellant to divest a vested estate rests on a legal fiction	 and legal fictions should not be extended so as to lead to unjust results. We are of opinion that the decision in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil(1) in so far as it relates to properties inherited from collaterals is not sound	 and that in respect of such properties the adopted son can lay no claim on the ground of relation back. The decision of the High Court in respect of C	 Schedule properties must therefore be affirmed. It was I finally contended that the defendants had blended C Schedule properties along with the admitted ancestral properties so as to impress them with the character of joint family properties. The burden of proving blending is heavily on the plaintiff. He has to establish that the defendants had so dealt with the properties. as to show an intention I to abandon their separate claim over it. This is a question of fact on which the Courts below have concurrently found against the appellant	 and there are no grounds for differing from them. In the result	 the decree of the lower Court will be modified by granting the plaintiff a decree for half the value of the plots	 section Nos. 634 and 635	 section Nos. 639	 640 and 641 'and section Nos. 642	 644 and 645 as on the date of the suit. Subject to this modification	 the decree of the lower Court is confirmed	 and; the appeal is dismissed. In the circumstances	 the parties will bear their own costs in this appeal. Appeal dismissed. (1) 70 I.A. 232.

It is well settled that proof of the existence of a Hindu joint family does not lead to the presumption that property held by any member of the family is joint and the burden rests upon any one asserting that any item of property was joint to establish the fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired the burden shifts to the party alleging self acquisition to establish affirmatively that the property was acquired without. the aid of the joint family property. Held	 that on the facts the nucleus was not sufficient to discharge the initial burden which lay on the plaintiff of proving that the acquisitions were made with the aid of joint family properties. Held	 further	 that even if the burden shifted on the defendants of establishing self acquisitions that had been discharged by proof and the ancestral lands were intact and the income derived therefrom must have been utilized for the maintenance of the members of the family. While it is not unusual for a family to hold properties for generations without a title deed	 an acquisition by a member would ordinarily be evidenced by a dead. When	 therefore	 a property is found to have been in the possession of a family from time immemorial	 it is not unreasonable to presume that it is ancestral and to throw the burden on the party pleading self acquisition to establish it. On adoption by the Hindu widow	 the adopted son acquires all the rights of an aurasa son and those rights relate back to the date of the death of the adoptive father. The ground on which an adopted son is held entitled to take in defeasance of the rights acquired prior to his adoption is that in 2 the eye of law his adoption relates back	 by a legal fiction	 to the date of the death of his adoptive father	 he being put in the position of a posthumous son. These principles	 however	 apply only when the claim of the adopted son relates to the estate of the adoptive father. But where succession to the properties of a person other than an adoptive father is involved the principle applicable is not the rule of relation back but the rule that inheritance once vested could not be divested. The decision to the contrary in Anant Bhikappa Patil (Minor) vs Shankar Ramchandra Patil (70 I.A. 232) dissented from. Appalaswami vs Suryanarayanamurti (I.L.R. at 447	 448); Babubhai Girdharal vs Ujamlal Hargovandas (I.L.R. ; Venka taramayya vs Seshamma (I.L.R. 1937 Madras 1012); Vythianatha vs Varadaraja (I.L.R 1938 Madras 696); Pratapsing Shivsing vs Agarsingii Raisingji (46 I.A. 97 at 107); Vellanki Venkata vs Venkatarama (4 I.A. 1); Verabhai vs Bhai Hiraba (30 I.A. 234) Chandra vs Goiarbai (I.L.R. ; Amarendra Mansingh vs Sanatan Singh (60 I.A. 242) ; Balu Sakharam vs Lehoo Sambhaji (I.L. R. ; Neelangouda Limbangouda vs Ujjan Gowda (A.I.R. 1948 P.C. 165; ; Bhubaneswari Debi vs Nilkomul Lahiri (12 I.A. 137): Kally Prosonno Ghose vs Gocool Chunder Mitter (I.L.R. ; Nilkomul Lahuri vs Jotendro Mohan Lahuri (I.L.R. ; Raghunandha vs Brozo Kishoro. (3 I. A. 154); Bachoo Hurkisondas vs Mankorebai (34 I.A. 107); Vijaysingji Chhatrasingji vs Shivasangji Bhimasangji (62 I.A. 161); Kalidas vs Krishnachandra Das (2 B.L.R. 103 F.B.) referred to. Tivaji Annaji vs Hanmant Ramchandra (I.L.R. 1950 Bombay 510) approved.