CHITAR MAL Vs. PANCHU LAL

JUDGEMENT

(1.) This is a reference made to this Court by the Court of the District Judge of Ajmere under the provisions of Section 17, of Regulation No. 1 of 1877. The plaintiff aggrieved by the decision of the District Court in appeal confirming the decision of the trial Court on a point of law applied to the District Court of first appeal to draw up a statement of the question of law. Such a statement has been drawn up and submitted to this Court.

(2.) There were two brothers, Ram Narain and Jai Narain, who owned a house in a street in Ajmere in equal shares. Jai Narain made a gift of his share on 9th January 1903 to the idol of Shri Chatturbhujj Maharaj installed in a temple in Ajmere. Under the deed of endowment he gave directions as to the use to be made of the income derived from the rent of half of the house. The defendant Mt. Bishni is the widow of a son of Ram Narain. On the 17 April 1907, the managers of the temple sold the gifted portion of the house to Mt. Bishni. On the 5th December 1918, plaintiff, son of Jai Narain who was dead at the time, sued for a declaration that the property in suit consisting of half the house formerly owned by his father was trust property; that the transfer of the said property to Mt. Bishni and her adopted son Panchu was null and void, and that the property might be made over to the trustees of the temple of Sari Chaturbhujji after dispossession of the two Defendants 1 and 2.

(3.) The defendants were Mt. Bishni, her adopted son Panchu and 11 other persons of the Agarwal-Marwari community of Ajmere who are described in the plaint as "panchas" of the Biradri (brotherhood) of the Agarwal-Marwaris of Ajmare. The allegation in the plaint of transfer to both Mt. Bishni and her adopted son was incorrect. The sale was made in favour of Mt. Bishni alone, the adoption having taken place subsequent to the date of sale.