RANCHHOD MAYARAM Vs. BAI JAYANTI

JUDGEMENT

(1.) There is a private temple of Mahalaxmi at Godhra in the ancestral house of the parties. Some land was assigned to the goddess in Inam by the Seindia Government and the grant was confirmed by the British Government by a Sanadi Exhibit 45, which is aa follows :- It is hereby declared that the said land shall be continued for ever by the Brtish Government as the Nemnuk Inam property of Shri Mahalaxumi Mata goddesa on the following conditions:-that is to say, the vahivatdara of the said goddess shall continue faithful subjects of the British Government and shall make use of the income of the said land for defraying the expenses of the said institution and for the continuation thereof. In consideration of the fulfilment of which conditions the said land shall be continued for ever aa Nemnuk Inam and it is further declared that the said institution cannot give the said land in sale, gift, or by a deed of inheritance, or otherwise to any other person.

(2.) The relationship between the parties is shown in the follow, ing genealogical tree :-

(3.) Disputes arose between Dalsukh and his nephews, Ranchhod, defendant- appellant, and his brother Balkrishna now deceased, Dalsukh objecting apparently to allowing his nephews to officiate as sevaks and to share in the net profits of the Inam lands. Apart from possessory suits, in suit No. 634 of 1901, under the judgment, Exhibit 66, the nephews succeeded in establishing their equal right with their uncle, and in suit No. 32 of 1905 there was a similar judgment by compromise, the uncle and the nephews taking their turn every alternate year.