GHISIBAI Vs. P. MANGICAL

JUDGEMENT

(1.) THIS is a Special Appeal under Section 23 of the Madhya Bharat High Court of Judicature Act (Act 8 of 1949) against judgment and decree of Mr. Justice Mehta, in civil Second Appeal No. 3 of 1948, decided by him on 18 -10 -1948, in which he set aside the judgment and decree of the two Courts below and non -suited the Plaintiffs.

(2.) I shall briefly state such facts of the case only as are necessarily for the purpose of this appeal without stating the case of parties in full.

(3.) THE defence was that Yajman Vriti belonged exclusively to the Defendants, and, that the Plaintiffs were not entitled to any share from this income. It was admitted that Bhawarlal did officiate at the ceremonies but it was at the instance of the Defendants, and this did not entitle the Plaintiffs to any share in the Yajman Vriti.