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1939 Supreme(SC) 19

Seth Biradh Mal and others – Appellant
Versus
Sethani Prabhabhati Kunwar and others – Respondent


Advocates Appeared:
Lee & Co., Sanderson, Dold, Douglas Grant, Hy. S.L. Polak & Co., Chester, Ranken Ford, A.G.P. Pullan, Sir Thomas Strangman, Dingle Foot, J.M. Parikh, Sir H.S. Gour, C.S. Rewcastle, W. Wallach, A.M. Dunne, W.W.K. Page, S.M. Pringle , L.P.E. Pugh

Sir George Rankin:-

This pedigree table has reference to a family of the sub-caste "Lodha" at Ajmer. It is possessed of a trading and banking business carried on under the name of Kanwalnain Hamir Singh. The headquarters of the business are in Ajmer but it is carried on in some 16 different places throughout India under various names and in the case of three of the branch businesses it is said that a stranger to the family has an interest. A considerable amount of immovable property is owned by the family : it is not used in the business but the rents and profits are received by the business and are dealt with as income thereof. The business is said to have been established for over a hundred years. There is some dispute about the correct description of the family : they are said to be Oswal Jains but the appellants are concerned to maintain that though they are Oswals by caste they are not Jains and that they are governed by the Mitakshara. On 26th March 1923, Jeet Mal had died childless leaving a widow - now respondent 1 Sethani Prabhabhati Kunwar. She was about 18 years of age. On 30th June 1924, she entered into a deed of adoption whereby she purported to have adopted as a son t










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