PADAM CHAND Vs. BHARAT SINGH

JUDGEMENT

(1.) This Regular First Appeal is directed against the judgement and decree of a subordinate Judge whereby the plaintiff's suit for a declaration to the effect that he was the exclusive owner of the house in dispute and that the defendants had no right or interest therein, was dismissed.

(2.) This house in dispute was last owned by one Jagan Nath who was adopted son of Lala Ishri Prasad. On the death of Ishri Prasad. Jagan Nath and his adoptive mother Shrimati Miro were his only heirs. Ishari Prasad and his brother L. Peshi Lal were members of a joint Hindu family which owned moveable and immovable property including cash etc. After the death of Isliri Prasad, his widow Shrimati Miro for herself and as guardian of her adopted son Jagan Nath, sought partition of the joint family property and a registered deed of partition dated 12-7-1907 was executed between the parties.

(3.) On 22-5-1933 Jagan Nath entered into an agreement with his mother Shrimati Miro and his wife Shrimati Jain Mati (Ex. P 3) whereby a provision was made for the maintenance of Shrimati Miro during her life-time and after her death for maintenance of Shrimati Jain Mati out of the income of the property which is the subject-matter of the suit that has given rise to the present appeal.