JANKI DEVI Vs. MANNILAL

JUDGEMENT

(1.) THIS revision arises out of Suit No. 151 of 1965 instituted by Smt. Janki Devi in the Kanpur courts in respect of properties situate not only in Kanpur but also in other districts over which the Civil Judge of Kanpur has no territorial jurisdiction. One of the objections raised to the trial of the suit was about the mis-joinder of causes of action and mis-joinder of the parties. Issue No. 8 framed in this connection is as below:-

(2.) THE material facts of the case are that Ram Swarup and his brother Nanhu Mal carried on business jointly at Rangoon and acquired many properties. Nanhu Mal died in 1922 leaving behind his widow Smt. Kalawati. It is said that after the death of Nanhu Mal, Ram swarup managed the property with the consent of the widow Smt. Kalawati. Ram Swarup died issueless in 1938 leaving behind his widow Smt. Indra Devi. Thereafter, the nephew of Ram Swarup and Nanhu Mal, namely, the sons of another deceased brother Dwarika Prasad, instituted Suit No. 165 of 1946 against Smt. Indra Devi and Smt. Kalawati, which was compromised and the entire property was given to Smt. Indra Devi with a limited ownership for her lifetime. Nanhu Mal had two daughters, Smt. Parbati Devi and Smt. Janki Devi (Plaintiff). The case of Smt. Janki Devi is that even on the enforcement of the Hindu Succession Act Smt. Indra Devi had merely a life estate and did not become absolute owner of the properties. Smt. Indra Devi died in July, 1961. The plaintiff' case is that on her death properties acquired by her under the compromise were inherited by the three sons of Dwarika Prasad and two daughters of Nanhu Mal each having l/5th share. Smt. Janki Devi thus claimed l/5th share and prayed for partition of her share in the entire property.

(3.) THE plaintiff, in addition, has Claimed l/5th share in the profits already availed of by the various defendants.