BHAGWAN PRASHAD Vs. RAMCHARANLAL

JUDGEMENT

(1.) A somewhat interesting question of law arises in the present case. The following genealogy is not disputed. Lachhman | | __________________________________________________ | | Hiraman=Mt. Kasturibai Amarsingh | | | | Tikaram=Two widows Subheti ____________________________________ | Kalan and Subheti | | | | | Khurd Hatisingh=Buiani Bhairon Durga Nathuram | | Bai Prasad | |(daft. 8) | | | |_______________________ | | | Bhagwan Prasad (adopted by Ramcharan (defendant 1.) Roshanlal (defendant 2.) (plaintiff). Subheti Khurd.)

(2.) HIRAMAN was the owner, amongst other property, of mouza Bagdari (Chh-indwara) and of the sir and khudkasht fields therein mentioned in para. 9 of the plaiafc. He died about 1869, having been predeceased by his son Tikaram. Hiraman also owned mouza Lingpani, mouza Bhaliwara and an eight annas share of mouza Bilanda On Hiraman's death, the property went to his widow Mt. Kasturibai; she died in 1886, and the two widows of Tikaram Subheti Kalan and Subheti Khurd then took possession of the property. During their lifetime about 1890, they effected a partition of the property as follows: Subheti Kalan took mouza Bhaliawara and the eight annas share of mouza Bilanda, and Subheti Kburd took mouza Lingpani and mouza Bagdari. The present plaintiff is said to have been adopted by Subheti Khurd in 1892; Subheti Kalan had the adoption declared null and void in a litigation which progressed about the year 1901.

(3.) WE now come to the year 1921. In that year, Subheti Khurd died. The father of Ramcharan, Harisingh, filed Civil Suit No. 147 in the year 1922 in the Court of the First Class Subordinate Judge, Chhindwara, against the plaintiff and his father Gopal Prasad for possession of the 16 annas share of mouza Bagdari and Lingpani and succeeded in getting possession from the Court. Harisingh died in 1925 and, on his death, Ramcharan and his brother Roshanlal succeeded to the property obtained by their father in Civil Suit No. 147 of 1922.