CHANDRASHANKAR MANISHANKAR Vs. ABHLA MATHUR

JUDGEMENT

(1.) The property in suit which consisted of (1) a house survey No. 89, and a wada, (2) survey No. 267, (8) survey No. 268, (4) survey No. 355 and (5) survey No. 3S1 originally belonged to one Chhatia who was one of the four or five sons of Butal. One Jinia was the full brother of Chhatia, while Harji and Devla were his step-brothers. In the year 1921 Chhatia died childless, leaving him surviving a widow by name Jibai. Prior to his death, Chhatia executed a writing called a will on 8th September 1931. Under this will Chhatia purported to give survey No. 89 and survey No. 335 to his wife Jibai for maintenance and he gave survey Nos. 267, 268 and 361 to Mathur who was his nephew, being the son of Harji, his stepbrother. In about the middle of 1932 Bai Jibai contracted re-marriage called natra marriage and she died in 1935.

(2.) On 10th April 1932, Jibai sold to Mathur, the nephew of Ohhatia, survey No. 39 and survey No. 855, the object of the sale being to pay off the debts mentioned in the sale deeds. Then in the year 1925 Mathur mortgaged four lands and the three lands which he had got tinder Chhatia's will to one Pitambar in order to secure Rs. 2,999, On 13th May 1926, Mathur mortgaged survey No. E68 and survey No. 89 to one Girdharlal in order to secure Rs. 499. On 1st April 1930, Mathur executed in favour of one Maganlal, the son of Pitambar, a sale- deed conveying to Maganlal survey No. 268 and survey No. 861, and, lastly, on 8th December 1937, Mathur executed a sale deed in favour of Ratanlal, the son of Girdharlal, the house, survey No. 39, and the wada. Mathur died in or about the year 1939.

(3.) Jinia, claiming to be the heir of Chhatia, sold the suit property to Chandrashankar (plaintiff) by a sale-deed dated 24th October 1943, for Rs. 699, The plaintiff filed the present suit on. 1st November 1943, for possession of the said property. To this suit he impleaded as defendants, the sons of Mathur (defendants 1 and 2); Maganlal (defendant 3) who was a purchaser under the sale-deed of the year 1930, Ratanlal (defendant 4) who was a purchaser under the sale deed of the year 1937 and two other persons as defendants 5 and 6 who claimed under an oral sale from Mathur survey No. 267.