JUDGEMENT
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(1.)SRIMATI Kishan Dei, succeeding to the property in suit as a limited owner either in the capacity
of a widow of Ram Swarup or as a mother of Parshottam, her son, remarried Har Narain and
later she and Jai Karan executed a deed which ostensibly is a combination of a deed of surrender
by her in favour of Jai Karan and a deed of gift by both Jai Karan and herself to Mauji Ram, son
of Har Narain, her second husband. Jagbandhan sued Kishan Dei, defendant 1, Mauji Ram,
defendant 2, Mahesh Earn, son of Jai Karan, defendant 3, and Hanuman Prasad, brother of the
plaintiff, defendant 4, for an injunction against defendants 1 to 3 preventing them from
interfering with his possession of the property in suit, it being alleged that he was in possession
as a survivor of the joint family which originally consisted of Beni Prasad and Ram Lal,
brothers, who reunited after there had been a partition between them and their other four
brothers. The allegation of Ram Lal and Beni Prasad reuniting to form a joint family was not
accepted by the Courts below. The alternative case of Jagbandhan was that the composite deed
of surrender and gift executed by Kishan Dei and Jai Karan was not binding on him after the
death of Kishan Dei, in case it be held that Beni Prasad and Ram Lal had separated and did not
reunite. Both the Courts held that this deed was not binding on Jagbandhan after the death of
kishan Dei. Mauji Ram, therefore, filed this appeal against this decree.
(2.)JAGBANDHAN had also claimed in the suit ownership of house No. 3 in list 'c' attached to the
plaint on the ground that he had built it fifteen or sixteen years back. He also claimed Rs. 500
which he had incurred in meeting the ex-penses in connection with two suits instituted by Kishan
dei and in depositing rs. 300 which she was ordered to deposit under a decree of the Court. These two claims were disallowed. The claim for the house was disallowed on the ground that a
decision in a previous suit between Kishan Dei and Hanuman Prasad, defendant 4, brother of
jagbandhan plaintiff, operated as res judicata. The claim for Rs. 500 was disallowed on the
hading that the claim was made after the expiry of the necessary limitation. Jagbandhan has
preferred second Appeal No. 258 of 1948 against the decree disallowing his claim with respect
to these two items.
(3.)I am of opinion that both the appeals should fail.
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