Judgement

Appeal (No. 87 of 1939) from a decree of the High Court (January 27, 1938) which reversed a decree of the, Court of the Subordinate Judge, Delhi (November 30, 1936), in favour of the defendant, the present appellant.

The following facts are taken from the judgment of the Judicial Committee The appeal arose out of a suit instituted by the respondents, on behalf of the members of the brotherhood of the Digamber Jains, for recovery of possession from the appellant of a house described as " Jain Dharamsala," situate at Khatra Mashru, in ward 4 of the town of Delhi, and entered as No. 48 in the municipal registers. The question for decision in this appeal was whether the respondents had established their title to, and right to recover possession of, the suit property from the appellant. The parties to the suit were Jains, and were governed by the Mitakshara law. In the plaint it was alleged that the house in dispute was purchased by one Lala Janaki Das, presumably with his own funds, that he " converted it" into a Dharamsala, that it was used as such and managed by him during his lifetime, that after his death in 1909 it remained under the management of his son, Ramchand, the