KRISHNA BALLABH Vs. KRISHCHANDRA

JUDGEMENT

(1.) THIS second appeal arises out of the judgment and decree passed in first appeal by the Commissioner, Kota on 25th April, 1960.

(2.) BRIEFLY, the facts of the case are that the parties are members of the joint Hindu family with Narainji as their common ancestor. They held some agricultural lands and two wells in village Barondhan and Barodia, District Bundi. The well and the agricultural land in village Barondhan was mortgaged with one Chhogalal, which was redeemed subsequently in Smt. 2002 by the respondents. The respondents sold this land along with the well for Rs. 4,000/- to one Ramkalyan one of the amount was taken over by them. The land and the respondents and the well in village Barodia was a mortgaged property with the family, and as the period of limitation for redeeming the mortgage had expired, the joint Hindu family became the full owner of the property. The plaintiff appellants alleged that they were entitled to 1/4th share in the joint Hindu family as their father Gopi Ballabh had gone in adoption to Chhogalal, one of the sons of Narainji. If that plea is not accepted, the plaintiffs were entitled to 1 /6th of their share, out of the Barodia property and to a similar share in the sale proceeds of the Barondhan property. The respondents denied the plaintiffs' claim on the ground that the plaintiffs-appellants' father Gopi Ballabh had relinquished his interest in the joint family property. Further, the respondents were adversely in possession of the property. The trial Court upholding the plea of relinquishment by appellant's father dismissed the plaintiffs-appellants' suit. In the appeal before the Commissioner, Kota, filed by the present appellants the judgment of the trial court was upheld on the point of the relinquishment of his interest by the appellants' father.