Judgement

Appeal from a judgment and decree of the High Court (April 9, 1914) reversing a decree of the first class Subordinate Judge of Ahmedabad.

The litigation related to land forming the greater part of the village of Piperia in the Ahmedabad District, The village was till some date prior to 1840 part of the taluqa of Gamph, a gadi or impartible estate of the Chudasama Girasias to which the rule of primogeniture was applicable. The village had then been granted by the thakur injivai—namely, for maintenance—to his younger son Rupsing.

Rupsing died about 1866, leaving two sons, Kesharising and Kaliansing. The thakur thereupon alleged that the sons were illegitimate, and claimed that by custom the village, upon failure of the grantees male descendants, had reverted to the gadi. The dispute was referred to arbitrators, who made an award to which effect was given by two documents dated September 6, 1871. It was thereby agreed that part of the village should be the absolute property of the thakur, and that of the rest Kesharising and Kaliansing and their " vansa varas" should be " maliks, muktyars, dhanis." At the time when that agreement was made the estate was under the management