KHUSALBHAI PARAGJI DESAI Vs. DULABHBHAI PARAGJI

JUDGEMENT

(1.) The plaintiffs sued for a declaration that plaintiff No. 1 had a right to receive a certain proportion of a Desaigiri allowance, which stands in the name of the defendants, and which the defendants have been receiving. The plaintiff No. 1 claims the allowance under the will of one Bhaidas, dated the 28th September 1872, in favour of plaintiff No. 1 s deceased son Khandubhai whose heir is plaintiff No. 1. The defendants denied the will, and also urged that the allowance was inalienable. They further set up an alleged custom under which the Desaigiri Hak in question could not go out of the family.

(2.) The trial Court held that the will was proved; that the cash allowance was alienable; and that the alleged custom was not proved. It accordingly gave plaintiff No. 1 a declaration that he had a right hereditarily to receive the amount he claimed.

(3.) On appeal, this decree was confirmed by the District Judge. The defendants now come in second appeal, and two points only have been taken before us. The first is that the lower Courts were not justified in finding the alleged will proved. This, however, is a matter of appreciation of evidence, and no question of law arises that would justify our interference.