Nagar vs Khase - 1924 Supreme(All) 292

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1924 Supreme(All) 292

SULAIMAN
Nagar – Appellant
Versus
Khase – Respondent

JUDGMENT

Sulaiman, J. - This is a defendants' appeal arising out of a suit for recovery of possession filed by the plaintiffs who alleged themselves to be the reversioners of the last male owner.

2. The facts found by the Court below are that the property belonged half and half to two brothers Gopal and Dewan. Mt. Nanhi was first the wife of Gopal. Gopal died some 30 or 32 years ago. On his death Mt. Nanhi became the karao wife of his brother Dewan. The judgments do not exactly say when Dewan died but the oral evidence is that he died one or two years after the death of Gopal. It therefore seams that the death of Dewan must have taken place not later than 1889 when certain compromise was arrived at between the reversioners. Mt. Nanhi made two mortgages in 1890 which the present plaintiffs now seek to avoid on the ground that they were not binding on thorn for want of any legal necessity.

3. The Court below appears to have believed that among Jats to which caste the parties belong there is a prevailing custom under which karao marriages are allowed, that is to say under which widows are allowed to re-marry. If this practice prevails than a re-marriage is not invalid and it is not neces

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