GOVINDRAM HARDATTARAI Vs. SHEOPRASAD SAGARMAL

JUDGEMENT

(1.) THE defendant-appellant Govindram and his uncle Bissesarlal formed at one time a joint Hindu family owning a considerable estate. They separated in estate in 1934, and between 2nd July and 23rd September in that year much of the joint property was divided between them, though some was left undivided for the time being.

(2.) ON 20th January 1910 Bissesarlal adopted as a son Shriram, the natural son of his first cousin Sagarmal. On 28th November 1923, Shriram died, and on 23rd November 1924 his widow Badamibai adopted to her husband as a son the plaintiff-respondent Sheo-prasad, who also is the natural son of Sagarmal and the younger brother of his adoptive father Shriram.

(3.) ON 16th September 1937, Sheoprasad, then a minor, represented by his adoptive mother Badamibai as his next friend, brought the present suit for partition and possession of a half share in the property that remained undivided at the partition between Govindram and Bissesarlal in 1984. In 1940, after Sheoprasad had come of age, he was shown as a major, and his next friend, Badamibai was struck off. Sheoprasad based his claim to Bissesarlal's estate on the will (Ex. P-331) if the adoptions were held invalid, or as the surviving coparcener if they were held valid. That claim succeeded in the lower Court, and against that decision Govindram has preferred this appeal.