DHANRAJ JOHARMAL Vs. SONI BAI

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff, Soni Bai, in the Court of the Additional District Judge of Amroati, in East Berar, for a declaration that she was entitled by inheritance to the estate of her father, Ram-dhan Marwari, who died at Amroati on June 24, 1914. She was a minor at the time and brought the suit by her guardian, her father-in-law, Narain Das, as next friend.

(2.) The facts of the litigation may be stated shortly for the purposes of this judgment. Ramdhan, the plaintiff's father, resided at a place called Khanapur, Taluk Morsi, in the district of Amroati and carried on business there; whilst his brother, one Joharmal, lived in the township of Chandur Bazar, in Taluk Elichpur, where he had a shop. Both were Agarwallas by caste.

(3.) Joharmal died in September, 1912, and the defendant Dhanraj claims to have been adopted by him some year before his death. On the death of Ramdhan in 1914, Dhanraj took possession of his estate, claiming to be entitled to Ramdhan's property as the adopted son of his brother Joharmal. There appears to have been a proceeding under Section 145 of the Criminal P. C. with regard to the possession of certain lands belonging to Ramdhan, and by an order of the District Magistrate made on September 17, 1914, the defendant was put in possession of that property also.