RADHABAI Vs. KAMALCHAND

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the decree, dated, 23101959, passed by Shri S. S. Pancholy, Additional District Judge, Barwani, in Civil Regular Appeal No. 24 of 1956, affirming the decree, dated, 1 -10 -1956 passed by Shri V.Y. Munshi, Civil Judge, Class I, Barwani, in Civil Suit No. 142 of 1952.

(2.) THE appellant is the widow of one, Nathulal, who was a Nagar Seth of Barwani. He died in the year 1930, leaving behind his mother, Mst. Mainabai and widow, Mst. Radhabai. He did not leave behind any issues.

(3.) THE said ante adoption agreement was given effect to by the Court of Wards, as is clear by the Darbar Order, dated, 28 -10 -1941 (Ex. P -2). The order was passed by the Dewan, who was the President of the State Council of Barwani State. By the said order, the houses as per list enclosed were directed to be mutated in the name of Radhabai. Similarly, the agricultural lands, as per the list enclosed were also directed to be mutated in her name. Similarly, non -agricultural property in the Municipal area was directed to be mutated in the name of Radhabai. The mutation was to be effected in her name subject to the condition that after her death, the properties were to be mutated in the name of her adopted son, Kundanmal. Similarly, Radhabai was to appropriate the usufruct of the two houses mortgaged with the family. This would show that the Darbar gave effect to the ante adoption agreement, dated, 14 -3 -1933 (Ex. P -1) The list (Ex. P -3) attached to the Darbar Order (Ex, P -2) showed about 23 houses., which were to be mutated in the name of Radhabai. The income from the said houses at that time was stated to be about Rs. 52/ - per month from the, rent recovered from the tenants.