LAL BAHADUR Vs. KANHAIA LAL

JUDGEMENT

(1.) The litigation in this case began between three brothers, sons of one Durga Parshad, two of whom, named Lal Bahadur and Jagdamba Parshad, brought a suit against their elder brother Kanhaia Lal, the present respondent, to set aside a will made by their father, which they contended was invalid and void according to Hindu law, Jagdamba Parshad has died since the institution of the suit and his minor sons represent his interest in this appeal.

(2.) Durga Parshad was one of the three sons of one Gobind Ram and it is admitted that he separated from his two brothers, Jwala Parshad and Hazari Lal, in 1866. Up to that time the three brothers had formed a joint Hindu family; but a complete partition of the family property, whatever it was, was then made between them. At the date of the partition, two of Durga Parshad's sons, Kanhaia Lal and Lal Bahadur, were living ; the third son, Jagdamba Parshad, was born subsequently.

(3.) The most important question which their Lordships have had to consider, has been, how much (if any) of the property then partitioned was ancestral ; and this depends upon how much property was left by Gobind Earn at the time of his death in 1849. For the respondent it was at one time contended that "he left no funds or immoveable property" ; but that contention has since been abandoned. In the High Court, BanerjiJ. found that the only immoveable property left by him was a grove in Salehnagar, which is valued at Rs. 666 in the plaint and a dewankhana, which it is admitted was awarded to Durga Parshad at the time of the partition. But Aikman J., while concurring generally with the judgment of Banerji J., held that certain estates known as Fatehpur and Sagalpur must also be treated as having descended from Gobind Ram. And at the hearing before their Lordships, the learned Counsel for the respondent admitted that a third estate, named Abhairajpur, must be taken as standing on the same footing as the two awarded by Aikman J. There is therefore no doubt that these five properties at least were inherited from Gobind Ram.