BHIKUBAI CHUNILAL AMBAIDAS Vs. MANILAL BHAGCHAND RAYCHAND

JUDGEMENT

(1.) This is a suit brought by the plaintiff's as reversioners of one Rupchand who died on January 31, 1906, leaving two widows Kupabai and Motibai, who died in January 1917, and leaving a mother Chunabai who succeeded to the estate on the death of Rupabai and Motibai and died on November 3, 1921. The defendant is the daughter of Chunabai's daughter Eadhabai. During her life-time Chuuabai passed a deed of gift, Exhibit 90, dated November 14, 1919, of immoveable property in favour of the defendant. On the same day she passed a will, Exhibit 91, in respect of moveable property in favour of the defendant. The genealogy of the parties is as follows :-[The pedigree is set out in the statement of facts.]

(2.) The property in suit belonged to Mohanchand who had effected a partition with his brothers Raychand and Kalyanchand. Rupchand made a will Exhibit 194 dated January 25,1906, by which he appointed his mother Chunabai as the manager of his property including the shop, and directed his wives Rupabai and Motibai to act according to the advice of his mother Chuuabai, and in case of absence of harmonious relations between the wives and the mother, Rs. 25 were given to each of the wives as maintenance and a house of Rs. 500 to live in and a direction was given for taking a boy in adoption.

(3.) The defendant, the grand-daughter of Chunabai, contended inter alia that the parties were Jains, and according to the Jain law and the custom of the caste Rupchand's widows became the heirs and absolute owners of Rupchand's property, and after the death of the widows, Chunabai, the mother of Rupchand, according to the Jain law and the custom of the caste, became the heir and absolute owner, and farther that by his will dated January 25, 1906, Rupchand had constituted Chunabai as the absolute owner and the defendant obtained title to the property under the gift deed of Chunabai, Exhibit 90, dated November 14, 1919.