SOBHARAM TIKARAM Vs. RAJKUMAR MUNNALAL

JUDGEMENT

(1.) THIS is plaintiff's appeal from the decree of the Court of Additional District judge, Sagar, dismissing civil suit No. 13-A of 1947 for possession.

(2.) THE appellants are the trustees of Digambar Jain Mahila Ashram, Sagar. The suit was for possession of a house situate in Katra Bazar, Sagar, and gold ornaments worth Rs. 13,282/8/-, which belonged to Kanchhedilal who died on 17th November, 1945. Rewaram, who died during the pendency of the suit, was the separated brother of Kanchhadilal. He transferred the property in dispute to the Digambar Jain Mahila Ashram by a registered deed of trust, dated 12th january, 1946, claiming to have inherited it from his deceased brother. The suit was based on the deed of trust executed by him.

(3.) THE suit was originally instituted against Manbai. On her death, during the pendency of the suit, her minor son Rajkumar and his certificated guardian chhotelal were brought on record as her legal representatives. Their defence was that Rajkumar was the legitimate son of Kanchhedialal through Manbai. She was a benekiva and was married to Munnalal in the year 1936. He, however, abandoned her and severed Ms marital ties. She then married Kanchhedilal in October 1940. It was alleged that her divorce and remarriage were valid under the custom of the caste. In this view, Rajkumar claimed the entire property as the next heir of kanchhedilal. The appellants in reply denied these averments and alleged that rajkumar was begotten by Munnalal and not by Kanchhedialal. In this view, they set up a case of lawful inheritance by Rewaram to the exclusion of Rajkumar. The defence, however, prevailed with the lower Court.