as a consequence, her adopted son, plaintiff Kailash Chand, was precluded from claiming partition of the suit property by virtue of succession and hence, the Revenue suit was not maintainable. He had placed reliance on the findings arrived at by the civil Court in the suit filed by Smt. Nandkanwarbai to buttress this contention. 17. At the outset, it may be noted that in so far as the aspect that Smt. Nandkanwarbai(deceased widow) had never been in possession of the suit property is concerned, the same is virtually an admitted position from the record because she never challenged the judgment and decree dated 21st May, 1959 whereby the suit filed by her for declaration of title and possession was dismissed by the civil Court and she was held only entitled to receive maintenance from the undivided estate. Thus, indisputably neither Smt. Nadkanwarbai nor the plaintiff Kailash Chand were ever in possession of the suit land. 18. In the case of Munni Devi(supra) which was heavily relied