or the plaintiff Kailash Chand himself were ever in possession of the suit property. As a matter of fact, the suit was filed by pleading that the suit property was a joint Hindu family property and defendant- Mukat Lal(appellant herein) had consented to give half share of the suit property to the plaintiff Kailash Chand on his demand. This assertion was denied by defendant-Mukat Lal. 26. In this context, when we consider the effect of the earlier civil suit instituted by Smt. Nadkanwarbai(deceased widow), it becomes clear that she was never in possession of the suit property because the civil suit was filed by her claiming the relief of title as well as possession and the same was dismissed. This finding of the civil Court was never challenged. Since, Smt. Nadkanwarbai was never in possession of the suit property, as a necessary corollary the 18Revenue suit for partition claiming absolute ownership under Section 14(1) of the Hindu Succession Act could not be maintained by her adopted