THAKUR MADHOSINGH Vs. JAGDAMBALAL

JUDGEMENT

(1.) This is a second appeal by the plaintiff. There is a Haveli in Jodhpur City known as Bhikamkore-ki-Haveli and at one time belonged to the Thakurs of Bhikamkore, Pali, Bhawad and Birloka jointly. One Sadasukh was in possession of the Haveli. On 18th April. 1950, he executed a will in which he described himself as the owner of this Haveli and purported to bequeath the same to Jagdambalal and Mangilal, who were his relations. Sadasukh died on 12th December, 1951. Jagdambalal and Mangilal filed an application before the District Judge for grant of probate of the will on 15th September, 1952. Jagdambalal and Mangilal also took steps to protect their possession by instituting proceedings under Section 145 Cr. P. C. on 27th December, 1952 against certain persons who were partisans of the aforesaid Thakurs.

(2.) Some time after these proceedings had been launched, the appellant Thakur Macthosing obtained sale deeds from the Thakurs of Bhikamkore, Pali, Bhawad and Birloka in his favour. On 17th July, 1953 Jagdambalal and Mangilal executed a document relinquishing their claims to the property known as Bhikamkore-ki-Haveli for the consideration of Rs. 3,200/- received from Thakur Madhosingh. The relevant portion of the document, when translated into English, is as follows:

(3.) On the same day an application was filed before the District Judge for withdrawal of the probate in the following terms: