SURAJBAI Vs. SADASHIV JUGAL KISHORE

JUDGEMENT

(1.) THIS appeal is filed by the defendants.

(2.) THE plaintiff-respondent Sadashiv filed a suit against the defendants Surajbai, now deceased, and her daughter Gitabai, for possession of a house situated at gotampura and some movable property. He alleged in the plaint that he was the adopted son of one Jugalkishore who died in the year 1918 leaving behind besides himself, his widow Kasturibai; that Kasturibai and the plaintiff remained in possession of the property left by the deceased Jugalkishore; that Kasturibai died on 17-9-1947 and that the defendant No. 1 who is the daughter of one Shankarlal, the deceased brother Jugalkishore and defendant No. 2, the daughter of defendant no. 1, taking advantage of the absence of the plaintiff, took unauthorized possession of the property in suit; that on being called upon to restore it, they refused to do so. Hence the plaintiff has filed this suit.

(3.) THE defendant No. 2 was a minor on the date of the suit and was represented by a guardian-ad-litem who generally denied the plaintiff's claim. The defendant surajbai filed a detailed written-statement in which she denied the adoption of the plaintiff by Jugalkishore and contended that he was kept with Jugalkishore by his father Narayan, only for the purpose of receiving education and for this reason the plaintiff always described himself as the son of Narayan. She denied that she was in possession of the movable property belonging to Jugalkishore and denied the plaintiff's allegation that the house in dispute belonged to the deceased jugalkishore. She contended that the house was a temple and was ancestral property of deceased Jugalkishore and Shankarlal. The plaintiff had therefore no claim to it.