RAKHMINI MAHADEO LINGADE Vs. DHONDO MAHADEO LINGADE

JUDGEMENT

(1.) The facts of this case are shortly as follows. The present plaintiff Dhondo and the present defendant No. 1 Rakhminibai filed a suit No. 77 of 1905, as co- plaintiffs, against one Chinto to recover possession of certain ornaments. In the plaint it was alleged that the ornaments belonged to the estate of Mahadeo, father of Dhondo and the husband of Rakhminibai; and the co-plaintiffs asked for a declaration that the property belonged to such one of them, either Rakhminibai or Dhondo, as might be held entitled by the Court.

(2.) The Court of first instance who tried that suit held that the property belonged to Rakhminibai, because in the opinion of that Court they were her stridhan ornaments.

(3.) There was an appeal by Chinto, and the appellate Court confirmed the decree on the ground that the ornaments were Rakhminibai s, because the second plaintiff in that suit, namely Dhondo, had not been proved by the evidence upon the record to be the son of Mahadeo. Therefore, there was a decree in that suit that the ornaments belonged to Rakhminibai, the appellant before us.