CHANDRAVATI Vs. SHIVAJI MAHARAJ

JUDGEMENT

(1.) THE short point involved in this appeal is as to whether Section 10 of the Limitation Act applies to the facts of the present case.

(2.) ONE Sri Mangali Prasad was the owner of the house in dispute. He executed a will in favour of his wife Smt. Gomti on 29th June 1936, Through this will be conferred absolute right on Snit. Gomti in respect of his entire property. After the death of Sri Mangali Prasad Smt. Gomti dedicated the entire property left by her husband including the house in dispute in favour of Sri Shivaji Maharaj, Virajman Mandir Shivala, Ahata Deviji, by waqf deed dated 2nd of August 1946. She appointed herself to be the Mutwalli of the deity and further the waqf deed stipulated that after the death of Smt. Gomti the management of the temple would be done by L. Ram Swarup and other trustees. After the dedication by Smt. Gomti in favour of the deity a suit was instituted by one Dwarka Prasad for the cancellation of the waqf deed claiming title to the property in dispute as the adopted son of Sri Mangali Prasad. This was suit No, 3 of 1947. By this suit Sri Dwarka Prasad wanted the cancellation of the waqf deed and declaration of his title to the property left by Sri. Mangali Prasad. The suit was dismissed by the trial court by its judgment dated 15th of April 1948 and in this suit the will executed by Sri Mangali Prasad in favour of his wife as well as the dedication dated the 2nd of August 1946 which had been executed by Smt. Gomti in favour of Sri Shivaji Maharaj were accepted to be valid.

(3.) IN the plaint the plaintiff set out the facts as stated above and alleged that the possession of Smt. Chandrawati was permissive till the life time of Smt. Gomti and thereafter in spite of notice Smt. Chandrawati did not vacate the house in dispute, on the contrary asserted title in herself hence the suit.