SHEODINLAL Vs. NARAYANDAS

JUDGEMENT

(1.) 1. This appeal arises out of a suit for possession of a house in Jubbulpore town. It was brought in the name of Ramdas in 1865, and Ramdas family tree, so far as we are now concerned with it, is as follows: Bakhat Singh ___________________________|__________________________ | | Ramdas died 1897 Nandlal ______________________|_________________ | | | Bade Gilley died 1901= Girdhari Mt.Sahodra __________________________________________|________________________ | | | | | Jagannath Parmoli Balbhadra Mt. Rikhmin Mt. Sarasvati died 28th January 1901 died 1912 died 1912 | | | = Mt. Rukhmin alias 3 sons 3 sons | Sukhrani died 1926 | | Naraindas died Mt. Teji 11th November 1918= Sagarwali died 1919

(2.) AT the time of Ramdas' death in 1897 he and his nephew Gilley were living together in the house in dispute but messing separately. His other two nephews, Bade and Girdhari, had died many years before. The lower appellate Court has held that Ramdas and Gilley were joint and that the house in suit was their joint family property. There appears to me to be no evidence to support the finding that Ramdas and Gilley were joint at the time when the house was acquired or that the house was joint family property, but the lower appellate Court was clearly correct in saying that on Ramdas' death the house passed to Gilley either by survivorship or inheritance. Mr. Bobde, counsel for the appellants, who were the defendants in the first Court, contends that the house was Ramdas' self-acquired property, that it passed to Gilley by inheritance and became his self-acquired property, and that on Gilley's death it was inherited by his two sons Parmoli and Balbhadra as tenants in common, the third son Jagannath having predeceased Gilley. He further contends that on Balbhadra's death in 1912 Parmoli inherited Balbhadra's share and became the sole owner, and that on Parmoli's death a few days later Parmoli's widow Mt. Rukhmin alias Sukhrani became the sole owner. On 4th December 1922 Parmoli's widow executed a sale-deed of the house in favour of the defendants.

(3.) AGAIN in Sarkar's Hindu Law at p. 313, 7th Edn., it is stated: Property acquired by a lineal male ancestor in the male line, devolving by inheritance on a son or other male descendant in the male line, becomes ancestral on the death of the ancestor, in the hands of the descendants.