DEBI CHARAN Vs. DURGA PRASAD

JUDGEMENT

(1.) The appellants are aggrieved by the judgment dated 02.12.1981 passed by the trial court in a suit instituted by their predecessor-in-interest, Late Pt. Debi Charan, for declaration and permanent injunction, which was dismissed by the learned ADJ.

(2.) The history of this case has its seeds in the early Twentieth Century, when the predecessor-in-interest of the appellants, one Pt. Jasanji Maharaj used to practice in Delhi as a famous Vaid and alongside, carried on the business of money lending against pledge of jewellery. Pt. Jasanji Maharaj had one son by the name of Pt. Vidhya Dhar, who, upon the demise of his father, inherited all the immovable property, jewellery, cash etc. Pt. Vidhya Dhar also practiced as a Vaid and continued his father's money lending business. He had one daughter by the name of Meero Devi, who was married to one Shri Prahlad Missar. As Pt.Vidhya Dhar did not have any male issue, he adopted Pt. Shyam Lal as his son. Pt. Shyam Lal got married to Jog Maya. While Pt. Sham Lal died issueless in or around the year 1913, Smt. Meero Devi expired five years thereafter, in the early part of the year 1918.

(3.) It is the case of Pt. Debi Charan, plaintiff in the suit, that to perpetuate the name of the family, Pt. Vidhya Dhar got Smt. Jog Maya to adopt the plaintiff in June 1918. Pt. Vidhya Dhar expired in or around the later part of the year 1918. As per the plaintiff, Pt. Vidhya Dhar left behind ancestral immovable property, cash, jewellery and other valuable assets and his money lending business and prior to his death, he had executed a Will dated 25.07.1918. Under the said Will, Shri Prahlad Missar, son-in-law of Pt. Vidhya Dhar and Smt. Jog Maya, mother of the plaintiff, were appointed as his guardians to manage the estate of the executant. Upon the demise of Pt. Vidhya Dhar, Shri Prahlad Missar and Smt. Jog Maya took over the control and management of the entire estate and continued to carry on the money lending business. Pt. Prahlad Missar expired on 29.4.1930. Vide order dated 13.10.1930, the learned Sub-Judge, Delhi, granted a succession certificate in the estate of Shri Prahlad Missar to the plaintiff, Pt. Debi Charan. The plaintiff averred in the plaint that a sum of Rs. 5,000/- was realized by him by virtue of the succession certificate and was handed over to Smt. Jog Maya with whom, he was residing.