MUNNALAL AND RAGHUNATHSINGH Vs. KASHIBAI

JUDGEMENT

(1.) This is a consolidated appeal by special leave from two judgments and two decrees dated December 16, 1937, a December, 22, 1937, respectively of the High Court of Judicature at Nagpur, which reversed two judgments and two decrees dated June 21, 1934, a June, 15, 1934, respective of the Court of the Subordinate Judge, First Class, Khandwa.

(2.) The two appeals which are consolidated arise out of two suits in ejectment. The suit to which the first appeal relates was brought by the appellants, or their predecessors in title, claiming possession of a house and certain land in a town and the house thereon. In the suit to which the second appeal relates the appellant claimed possession of three muafi fields. The Subordinate Judge decreed both suits, but, on appeal, the High Court dismissed them.

(3.) The title of the plaintiffs in both suits is traced from one, Balwant Singh, who died in the year 1907. The respondents claim through one, Bahadur Singh, the younger brother of the father of Balwant Singh. In the first appeal it is not disputed that Bahadur Singh was the owner of the property in suit and had power to dispose of it by will, the only question being whether he effectively did so.