AMBALAL HARGOVIND Vs. AMBALAL SHIVLAL THAKOR

JUDGEMENT

(1.) In this case the plaintiff sued to recover possession of the two houses in suit on the ground that they belonged to one Chhaganlal Jibhai, the uncle of the plaintiff, who died leaving a will dated May 31, 1898.

(2.) The learned Subordinate Judge dismissed the plaintiff's suit softer raising a preliminary issue as follows:-" Does the plaintiff prove that he is the heir of Chhaganlal Jibhai and has he got any right to bring this suit ?" In the lower Court it was understood by this issue that the plaintiff was the heir of Chhaganlal under his will on the assumption of the genuineness of the will so alleged, without taking any evidence in the case. The learned Subordinate Judge on the preliminary point relating to the construction of the will held that the plaintiff wag not entitled under the will of Chbaganlal, and had no right to bring this suit under the alleged will of Chhaganlal.

(3.) The genealogy of the family appears on page 2 of the print. Ohhaganlal died on June 20, 1898, leaving his widow Vakhat who died in 1917-18, Clause 7 of the will is as follows:- The main object of this will is that, after the death of my wifo, Bai Vakhat, (my) daughter, Iohha, and grand-daughter, Bhali alias Jadi, and those in her line are the heirs to whatever property may remain. However, by God's will, in case Bahen Bhali or anybody in her line do not exist, (my) grandson, Jasubhai aforesaid, and those in his line are the heirs. However, may God forbid, in case Jasu or any one in his line do not exist, my son's son's daughter, Bahen Bamalaxmi, and those in her line are the heirs. However, in case Bamlazmi and those in her line do not exist, my nephew, Ambalal Hargowan, and those in his line are the heirs. and in Case Ambalal or his line or heirs do not exist, this Ambalal's sister, Dahi, and those in her line are the heirs.