PRALHAD SHEONARAYAN CHOKHANI Vs. DAMODHAR RANKARAN VAISHNAO

JUDGEMENT

(1.) THIS appeal of the plaintiff is directed against the dismissal of his suit by the trial Court.

(2.) THE dispute now relates to the immovable property left by one Mahadeo as described in Schedules A to C of the plaint. No dispute was raised before us in respect of the movable property shown in Sch. D of the plaint. The contest chiefly lies between the plaintiff, the son of the deceased Mahadeo's daughter Anchi on the one hand, who claims to be the next reversioner on the death of all the daughters of Mahadeo, and the second defendant Jainarayan on the other, who claims the property under the oral will of Mahadeo and also as his adopted son. The claim of Jainarayan is supported by the 14th defendant Kukhminibai who is the daughter of Mahadeo's deceased daughter Narbada, and also by the first defendant Damodhar, who is the son of Mahadeo's another deceased daughter Saraswati. Defendants Nos. 5, 6, 7, 9, 11 and 12 are only the tenants of the portion of the suit properties. They plead that they have taken this portion from the second defendant and claim no interest in the suit property. They have also stated that they are willing to deliver possession of the portion in their respective possession to the person held entitled thereto. Defendants 3 and 4 are transferees of the second defendant Jainarayan and they support Jainarayan's case. They also support the sale in their favour on the ground of legal necessity. Defendant No. 10 was discharged during the pendency of the suit. It is not clear from the plaint why defendants 8 and 13 were joined as parties to this suit. No contest, however, is raised on their behalf before us.

(3.) THE following genealogical tree will be helpful in appreciating the dispute raised in the case. It is common ground that Mahadeo was separate in mess and estate from his brothers and the property in dispute is his separate property. Mahadeo died on the night of 13-10-30, leaving behind three daughters, Narbada, Saraswati and Anchi, and the suit property. All the three daughters were married prior to his death and had died before 15-8-1945 when the suit was instituted. The family of Mahadeo belongs to the sect known as 'vaishnao Bisa Agarwal'.