METHARAM RAMRAKHIOMAL Vs. REWACHAND RAMRAKHIOMAL

JUDGEMENT

(1.) This is an appeal from a decree, dated the 24th June, 1910, of the Court of the Judicial Commissioner of Sind, which confirmed a decree, dated the 3rd April, 1908, of a single Judge of that Court exercising jurisdiction as the District Court of Karachi.

(2.) The suit in which this appeal has arisen was brought in the Court of the District of Karachi, on the 26th May, 1905, by the appellants here to obtain a declaration that the property which one Shewaram purported to devise by his will and a codicil was the joint family property of Shewaram, the plaintiffs and some of the defendants, and that the will and codicil were inoperative to pass any title to the property. Other reliefs were claimed, to which it is not necessary to refer. The executors of the will were amongst the defendants to the suit.

(3.) Shewaram died on the 27th May, 1899. He had been and was at the time of his death a member of a joint Hindu family, which was governed by the law of the Mitakshara. The plaintiffs were members of the same joint family. The question in the suit was whether the property of which Shewaram purported by his will and codicil to dispose was property of the joint family or was property self-acquired by Shewaram which had not been thrown by him into the joint stock of the family property.