GOPAL CHOUDHARY Vs. SUNDARI

JUDGEMENT

(1.) DULHIN Sitali and her son, Ram Ekbal Singh, minor, instituted, in the court of the Munsif, 1st Court, Arrah, title suit No. 50 of 1946 for a declaration that the registered deed of sale and the deed of gift, dated 21-1-1946, executed by Mt, Sanichari in favour of Gopal Chandhari, defendant1, and DULHIN Bas Kuer, defendant 2, respectively, were illegal, without jurisdiction, null and void and inoperative and not binding on the plaintiffs who were the next reversioners to the estate of Ramlal Chaudhari. The plaintiffs gave the following genealogy of the family of Ramlal Chaudhari; <FRM>JUDGEMENT_277_AIR(PAT)_1955Html1.htm</FRM> According to the plaintiffs, Ramlal Chaudhari was the last surviving male member of the joint family, and after his death his entire inheritance had devolved on his wife Mt, Saniehari. Plaintiff 1 claimed to be the daughter of Mt. Sunichari and plaintiff 2, Ram Ekbal Singh, claimed to be her daughter's son. In the suit the plaintiffs impleaded, apart from the transferee, Mt. Sundari, widow of Ram Ratan Chaudhari, and Kesho Chaudhari, daughter's son of Ram Ratan as defendants 4 and 5.

(2.) THE suit was contested by the defendants. Several sets of written statements were filed. Defendant 4, Mt. Sundari, widow of Ramntttan Chaudhari, challenged the correctness of the genealogy filed by the plaintiffs. According to her, the following genealogy gave the correct relationship of the various members of the family of Ramlal Chaudhari and his brothers; <FRM>JUDGEMENT_277_AIR(PAT)_1955Html2.htm</FRM> According to her, Ramratan Chaudhari was the last surviving male member of the family who died leaving behind him his widow Mt. Sundari, his daughter Mt. Sitia and a daughter's son Kesho Prasad Chaudhari, defendant 5. On 13-6-1942, defendant 4 executed a deed of gift in respect of 8.3 acres of land in favour of her daughter's son Kesho Prasad Chaudhari minor. She alleged that she was all along in possession of the joint family properties and the properties gifted away to Kesho Prasad (sic) were in his possession since the date of the gift. She further alleged that Dulhin Sitali, plaintiff 1, was really the daughter of Ramjatan Chaudhari and not of Ramlal Chaudhari. She asserted that Mt. Sundari had no right to execute the sale deed and the deed of gift in favour of defendant 1 and defendant 2 which, according to her, were nominal documents.

(3.) ON 17-7-1947, an application was filed before the learned Munsif for referring the dispute for the arbitration of a number of panches mentioned in that petition. The learned Munsif passed the following order on this petition: