KARIM NENSEY Vs. HEINRICHS
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(1.) THESE consolidated appeals from a judgment and decree of the High Court of Judicature at Allahabad, which varied a judgment and decree of
the Subordinate Judge at Aligarh, have involved the close scrutiny of a
large number of documents covering a long period of years. In this task
their Lordships have been greatly assisted by the diligent researches of
counsel for the appellants, but after a careful consideration of all the
material before them they have come to the conclusion that no sufficient
reason has been shown for displacing the judgment of the High Court.
(2.) THE appeals raise the question in broadest outline whether there has been a separation of an undivided Hindu family of which the common
ancestor was one Bhawani Das, who died very many years ago. The family
and the parties to the suit out of which these appeals arise can be
conveniently seen in the following pedigree :
BHAWANI DAS Girdhari Lal (died 1864) Kashi Ram (died 1885) Chain Sukh. Mohan Lal Tika Ram Matru Mal (died 1918) Behari Lal (died 1902) Yad Ram, Ghanshyam Das, Defendant No. 6, Defendant No. 7, (adopted, 11 - 7 - 13) (born 1915) Chet Ram (died Basdeo Prasad Bhimsen Tola Ram, before 1902. or Sahai (died 1918) Defendant No. 3. Musammat Deft. No. 1. Rukmin widow, Defendant No. 4 Ramesh Ch. minor, Defendant No. 2 Chote Lal (deceased) Masammat Gango widow. Defendant No. 5 Durga Prasad, Gaya Prasad, Yad Ram, Defendant No. 6,
Plaintiff No. 1 (born 1908) Plaintiff No. 2, minor adopted by Matru Mal
Of the facts which are stated in the pedigree, their Lordships take particular note of the circumstance that the respondent Ghanshiam Das was
not born until 1915 and that prior to his birth the appellant Yad Ram had
been adopted by Matru Mal who was then without male issue. Yad Ram was
the natural son of Bhimsen who was the son of Bahari Lal who was the son
of Kashi Ram, and thus belonged naturally to the other branch of the
family from that of Ghaushiam Das who descended from Girdhari Lal.
(3.) IN the year 1938 the present suit was commenced by the appellants Durga Prasad and Gaya Prasad and a third plaintiff who subsequently
disappeared from the proceedings. Every member of the family was made a
party to the suit and they were conveniently grouped into five sets of
defendants (1) Basdeo Sahai and his son Ramesh Chander (defendants 1 and
2), (2) Tota Ram (defendant 3), (3) Mt. Rukman Kunwar and Mt. Gango (defendants 4 and 5), (4) Yad Ram and Ghanshiam Das (defendants 6 and 7)
and (5) Sri Thakur Murli Manoharji Maharaj (defendant 8) whose rights are
no longer in dispute.;
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