CHHOTEY LAL Vs. CHANDRA BHAN

JUDGEMENT

(1.) These appeals arise out of a suit brought by the plaintiff appellant for the possession of a certain house and for mesne profits. The house originally belonged to a person named Sheola Mal and was his self-acquired property. Sheola Mal had a son Mathra Das and a daughter, who was the mother of Raja Ram and Ram Babu. The allegations of the plaintiff were that Mathra Das had been adopted by Kunj Lal, the brother of Sheola Mal, that on the 13 May 1906 Sheola Mal made a gift of the said house in favour of Raja Ram and Ram Babu; that Ram Bubu predeceased Raja Ram and left no issue, and that the said house was sold in execution of a decree obtained by Baij Nath against Raja Ram and purchased by the plaintiff on the 18 September 1917.

(2.) The defendants on the other hand denied that Mathra Das had been adopted by Kunj Lal and asserted that if such adoption took place, it was invalid because no ceremony of adoption was performed. It was further asserted that Mathra Das and Sheola Mal lived jointly and were joint owners of the said house and that on the death of Sheola Mal it devolved on Mathra Das and his sons. The defendant Moti Lal claimed to have purchased that house, in execution of a decree held by Kunwar Chand and others against the sons of Mathra Das on the 3 of April 1917. The other defendant Chandra Bhan claimed to have obtained this house from Moti Lal by virtue of a sale made by Moti Lal in his favour.

(3.) It appears that a suit had been filed in 1913 by Raja Ram for possession of the southern portion of the upper story of the house in dispute against Musammat Kalawati, the widow of Mathra Das and Raghunath, son of Mathra Das, which was dismissed on the 12 August 1913. The contention of the defendants was that the dismissal of that suit operated as res judicate.