DHAIRYASINGH GORDHANDAS Vs. KISSANDAS TRIBHOVANDAS MANGALDAS

JUDGEMENT

(1.) This is an appeal from the judgment of Mr. Justice Shah dismissing the suit of the minor plaintiffs, who sought to set aside a compromise decree passed in four suits by Mr. Justice Fawcett on December 13, 1922.

(2.) The plaintiffs are the minor sons of Gordhandas, Defendant No, 2, and were concerned in disputes between Gordhandas and his sons on the one hand and his brother Kissondas on the other hand as to various assets in which his father Tribhovandas and his grand father Sir Mangaldas had been interested. One main point of controversy was whether these assets were ancestral or self-acquired. Sir Mangaldas died on March 9, 1890, and Tribhovandas on April 5, 1920. It is material to observe that Kissondas was born in Sir Mangaldas's lifetime, but that Gordhandas was not born until after the death of Sir Mangaldas, and further that the eldest son of Gordhandas was born in 1914. Kissondas has no son.

(3.) Sir Mangaldas had two other sous Purshottamdas and Jagmohandas, but for the purposes of the present case it is sufficient to say that their interests have been otherwise provided for, and that we are solely concerned with Tribhovandas and his branch. Similarly two deceased sons of Tribhovandas, namely, Jamnadas, who died in 1907, and Amidas who died in infancy, may be mentioned and passed by. The parties are all Hindus, and the papers before us show a melancholy record of family disputes and litigation extending over some forty years, namely, from the agreement of June 29, 1881, Ex. A, which Sir Mangaldas entered into with his sons Tribhovandas and Purshottamdas down to December 13, 1922, when the above- compromise was approved by Mr. Justice Fawcett, on behalf of the infant sons of Gordhandas in the four suits to which I have alluded.