GOCULDAS Vs. CHAGANLAL

JUDGEMENT

(1.) This is a suit to recover a sum of Rs. 6,492 being part of the, proceeds of the sale of a dwelling house at Bhawalpore in the Punjab. The premises in suit are situate in the Native State of Bhawalpore, and are not within the jurisdiction of the High Court at Fort William in Bengal.

(2.) The plaintiffs cause of action is set out in paras. 9-12 of the plaint. Para. 9. - The plaintiffs and the defendant9 as members of an undivided Hindu family governed by the Mitakshara School of Hindu Law hid been in joint possession and enjoyment amongst others of the said ancestral house and premises in Bhawalpore, having inherited the same from their common ancestor the said Sundar Shah Rathi as stated above, till the same with all additions and alterations and improvements made thereupon with the advance of time were disposed of about three years ago as stated below. Para. 10. - About three years ago the defendant Chaganlal acting for himself and as the constituted attorney of the other defendants sold and conveyed the said ancestral house and premises with the said additions, alterations and improvements thereupon part by part to diverse parties in the months of March a April, 1920. <JGN>Page</JGN> 2 of 9 Para. 11, - The said sales were all effected by the defendants without the consent or knowledge of the plaintiffs or of any of them and he realised therefrom in all the sum of Rs. 19,476. Para. 12. - The plaintiffs have been advised and they believe and submit that they are entitled to one-third of the whole of the said sum of Rs. 19,476, that is to say the sum of Rs. 6,492.

(3.) The relief claimed is: 1. Leave under Clause 12, Letters Patent (1865), of the High Court at Fort William in Bengal. 2. Decree for the said sum of Rs. 6,492 with such interest thereon as this Court may be pleased to allow. 3. If necessary, an account, and other incidental relief.