SHANKER LAL Vs. SHANKER LAL

JUDGEMENT

(1.) THESE are two connected second appeals which can be disposed of by a common judgment Courts below have also disposed of the two suits giving rise to the two second appeals by the common judgment.

(2.) SUIT No. 192 of 1962 was filed by Sri Shanker Lal, who is now the appellant before me against Sri Vijay Shanker, Sri Baboo Lal Sharma and Manager Shrimad Daya Nand Anathalaya, Agra. The other suit No. 277 of 1962 was filed by Sri Vijay Shanker Shukla aforesaid against Sri Shanker Lal, Baboo Lal and Manager, Shrimad Dayanand Anathalaya. Suits are in the nature of cross-suits. Consequently, the plaint allegations in the suit of Shri Shanker Lal are the allegations in his written statement in the other suit and vice versa. The only difference is that in the suit of Sri Shanker Lal, namely, Suit No. 192 of 1962, Sri Babu Lal Sharma and the Manager Shrimad Daya Nand Anathalaya, Agra have filed written statements to contest the claim of Shanker Lal while these two defendants have not filed any written statement in Suit No. 277 of 1962 filed by Shri Viiay Shanker Shukla.

(3.) THE case of Sri Vijay Shankar Shukla is to the effect that he is a poor Brahman residing at Kanpur and he is the father of six children. Two of his sons Rajendra Prasad aged 10 years and Munna Lal alias Ravindra aged 8 years, who were studying in a Basic School at Mohalla Bhusa Toli in the city of Kanpur, disappeared from the house in the morning of 19th May 1961. They did not return. He made a report of the matter on 21st May 1961 at police station Collectorganj Kanpur. Sri Kirpa Shanker another son of Sri Vijay Shankar Shukla was in service at Allahabad at that time and he got notices published in Northern India Patrika as well as Bharat about the loss of his two brothers A lady is said to have brought the two boys from Kanpur to Agra and when the matter was brought to the knowledge of the police, the the police got the two boys admitted in Shrimad Daya Nand Anathalaya on 28th May 1961.