JAWAHIR LAL Vs. JARAU LAL

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff appellant for the recovery of possession of certain property and for an account of the profits thereof on the allegations that the said property belonged to Balmukand; that he was succeeded by his two daughters, Musammat Godavari and Musammat Gopi, and that on the death of Musammat Gopi, the entire property devolved on Musammat Godavari, the mother of the plaintiff. On the death of Balmukand, mutation of names was effected in respect: of the property left by him, in favour of Musammat Godavari and Musammat Gopi. Musammat Gopi died in Sambat 1935 , leaving a son, Moti Lal, who died three years later. The defendant Jarau Lal is the son of Moti Lal; and the other defendants, Panna Lal and Hira Lal, are his grandsons.

(2.) On the 31 of December, 1899, a partition is said to have been effected between Musammat Godavari and her sons, Jawahir Lal and Ganeshi Lal, on the one hand, and Jarau Lal, the grandson of Musammat Gopi, on the other, and a deed of partition was executed and registered at Aligarh in evidence of the same.

(3.) Ganeshi Lal died childless in Sambat 1961. The allegation of the plaintiff was that after the death of Musammat Gopi, Musammat Godavari became entitled, according to the Mitakshara law, to the entire estate left by her father; that her grandson Jarau Lal was brought up by Musammat Godavari, who treated him with great affection, and that the above deed of partition was obtained by Jarau Lal from Musammat Godavari by misrepresentation of facts and concealment from her of her real rights. It was also stated that the deed in question was not explained to her; that she had no independent advice, and that the plaintiff and his brother Ganeshi Lal were kept ignorant of their rights and of the arrangement then being made. It was further alleged that at the instigation of Jarau Lal, the plaintiff and his brother Ganeshi Lal were compelled by Musammat Godavari to sign the deed, and that the deed was without consideration and invalid and unenforceable.