GOPAL Vs. BONDER

JUDGEMENT

(1.) THIS second appeal of the Plaintiff Gopal is directed against the reversing decree passed by Shri S. N. Chaturvedi, Addl, Distt. Judge, Dhar, in Civil Appeal No. 112/57, dismissing his suit for declaration and possession of the plaint property as barred by time.

(2.) THE question involved in this case is whether the provisions or principles of the Hindu Law of Inheritance (Amendment) Act, 1929, (Act No. II of 1929) were in force at the material time in the erstwhile Gwalior State where the suit property belonging to deceased Chhitar is situated, and whether therefore after the death of Hemi, the sister of Chhitar, the Plaintiff as sister's son became entitled to inherit the property.

(3.) ON or about 15 -4 -1942, i. e. after about two months of Chhitar's death, Plaintiff Gopal had brought a suit in the Court at Manawar Challenging Bondar's adoption as invalid and claiming possession of the suit property. In that suit, Bondar was a principal Defendant and Chhitar's sister Hemi was a co -Defendant. That suit was dismissed on 18/12/45. Peainriff's first appeal to a Court at Sardarpur was also dismissed on 11/9/1946 and his second appeal to the District Judge, Ujjain, too was dismissed on 16/10/48. These decisions, specially the decision of the first appellate Court at Sardarpur, show that the Plaintiff failed to establish that there were no better claimants or claimant to inherit Chhitar's property in preference to the Appellant. Thereafter nothing was done by the Plaintiff.