9911796707
TMI Blog1943 (12) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... his eldest brother Bhairon and is the appellant before the Board. The plaintiff averred that he and his nephews were members of a joint Hindu family of which Bhairon until his death in 1927, and thereafter the appellant, had been karta. He pleaded that on 4th August 1927 the various members of the family had by a deed dated 4th August 1927 agreed to come to a partition and nominated arbitrators for the purpose; and that these arbitrators had carried out this work in part though they had not effected any division of the houses, when on 23rd July 1928 they withdrew from their task. The plaintiff joined as defendants certain persons who were alleged to be debtors to the joint family upon allegations which it is no longer necessary to consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a point of limitation, it is prima facie admissible even in a Court of last resort. It has reference to the claim of the plaintiff to be a mutawalli of the property dedicated to Sri Thakurji, and it is founded upon the fact that in the revenue papers the property was recorded as belonging to Sri Thakurji under the supervision of Bhairon. On this it is now contended that the plaintiff had been out of possession for a time sufficient to bar him from recovering in this suit of 1928 possession of his share in the office of mutwalli or of his share in the endowed property. On either of these views as to the nature of his claim he would be barred by twelve years adverse possession under Article 124 or Article 144 of the schedule to the Lim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the grant of a mere declaration. 6. Neither by his petition of appeal nor by the case lodged on his behalf has the appellant suggested any difficulty on the score of limitation, but in argument his learned counsel drew the attention of the Board to the terms of the endowment. These are to be found in Ex. 3 a deed (waqfnama) dated 28th July 1875; made by Ram Narain the plaintiff's father. By this deed he made a waqf of the 8 annas share of mauza Asni for meeting the necessary expenses of a thakurdwara situate in mauza Ghauspur which had been constructed by himself. The deed provided: The profits of the endowed property shall after the payment of the Government revenue, be in the charge of me, the executant and my heirs generati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the absence of any issue, any cross -examination any inquiry upon the point, and without, giving the plaintiff an opportunity to meet the allegation, that the possession of Bhairon and of the appellant had been adverse to the plaintiff for twelve years. Their Lordships are not here concerned to forecast the result at which a proper inquiry would arrive, but there are important materials to be considered as tending to show that Bhairon's possession of the office of manager of this endowment was not adverse to the plaintiff. The mere facts that the idol was a private family idol and that this Mitakshara family remained joint, as has now been held, till 1927, the year before suit, make it readily intelligible that the eldest brother who ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
