Brij Mohan vs Kishun Lal - 1938 Supreme(All) 115

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1938 Supreme(All) 115

VERMA
Brij Mohan – Appellant
Versus
Kishun Lal – Respondent

JUDGMENT

Verma, J. - This is a plaintiff's appeal and arises out of a suit for a declaration that the property in dispute is the personal property of the plaintiff. The property consists of certain buildings in the town of Allahabad and is detailed in the plaint in Schedules A and B. It originally belonged to Jagannath who died about the year 1865. The basis of the claim is that Mukandi Lal, the father of the appellant, was a foandhu, having heritable rights, of Jagannath, that Mukandi Lal succeeded to the property on the death of Jagannath's widow Mt. Lalta Bibi in November 1908 and that the appellant is entitled to the property by succession as an heir to his father along with his brother Janki Prasad who is defendant 5 in the suit. Several pleas were taken by the defendants, but it is not necessary to mention all of them. The Court below has found that the pedigree set up by the plaintiff is proved but that Mukandi Lal, the father of the Appellant, being five degrees removed from the common ancestor, Ghasi Ram, was not a bandhu with heritable rights and that therefore he never succeeded to Jagannath's estate. The Court below has also found on an examination of the evidence that t

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