SURAJ MAL Vs. BABU LAL

JUDGEMENT

(1.) The parties to this appeal are Jains ofOswal sect resident in Delhi. Lotan Mal, the common ancestor died on November, 3, 1928 leaving behind a widow LadBai, two sons Kastur Chand and Suraj Mal, and two daughters.Kastur Chand was married to Tara Bai (respondent No. 2).Soon after his marriage he died on 23/03/1936 withoutleaving any issue. His widow adopted Babu Lal (respondentNo. 1) as a son ott 3/02/1949.

(2.) On 21/05/1949 Suraj Mal brought a suit agahist hismother Lad Bai, Tara Bai and Babu Lal claiming l/3rd sharein the joint family property by partition. According to theaverments in the plaint he. Lad Bai, and Tara Bai had l/rdshare each in the joint family properties in suit He denied theadoption of BabuLal but impleaded him as a party for gettingall the disputes settled. Lad Bai in her written statement disputed the factum as well as validity or the adoption. She.however, had no objection to the partition. Tara Bai allegedthat her signatures on the adoption deed were obtained bymisrepresentation. The deed was to provide that she wouldcontinue to be the owner of her share till her life and BabuLal would remain obedient to her and in case of violation ofthese terms she will have the right to repudiate the adoptiondeed. However, no such term was incorporated. When shecame to know of this fact she tore away the deed. She asserted that the adoption could be made in law. Babu Lalaverred that he was validly adopted by Tara Bai. Disputesraised in this case were however not decided because on therequest of Suraj Mal he was allowed to withdraw the suit withpermission to file another suit on the same cause of action byorder dated 4/11/1949 (Ex. P-24).

(3.) On 19/07/1965 Babu Lal and Tara Bai, respondentsherein, brought a suit (out of which the present appeal hasarisen) against the appellants, Suraj Mal and Lad Bai (sincedeceased), claiming partition of their l/3rd share in the jointfamily properties and rendition of accounts etc. for a periodof 6 years prior to the institution of the suit. The details ofthe properties have been given in para II of the plaint. According to the averments in the plaint Lotan Mal was a Jainand governed by Hindu Law and custom in the matters ofsuccession and adoption. Babu Lal was adopted by TaraBai on 3/02/1949 in accordance with the custom prevalent in Jains and acquired all the rights of his adoptedfather Kastur Chand in the joint family along with Suraj Mal,Lad Bai and Tara Bai. Suiraj Mal and Lad Bai have beenmanaging the family properties and realising rents from thetenants since the death of Kastur Chand in 1936. Suraj Mathad sold two joint family properties and kept sale (procecdswith him.