TMI Blog1966 (8) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... f the joint family properties claiming eight annas share therein. She contended that Ramyad Singh died in 1939 after the passing of the Hindu Women's Rights to Property Act, 1937, and she was entitled to maintain the suit for partition. The defendants contended that Ramyad Singh died ill 1936 before the passing of the Act and she was entitled to maintenance only. The trial Court accepted the plaintiff's contention aid decreed the suit. The defendants filed two separate appeals to the High Court. On December 15, 1958, Bhagwano Kunwar died. The High Court passed orders substituting one Ram Gulam Singh in her place. Later, the High Court recalled these orders, as it was conceded that Ram Gulam Singh was not her legal representative. By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion made by the main contesting defendants, Janki Singh and Kailashpati Singh, in a plaint signed and verified by them and filed in Title Suit No. 3 of 1948. In that plaint, Janki Singh and Kailashpati Singh claimed partition of the joint family properties, impleading Bhagwano Kunwar as defendant No. 8 and other members of the joint family as defendants Nos. 1 to 7. In this plaint, Janki Singh and Kailashpati Singh stated: 2. That the properties described in Schedule 1 to 2 in the plaint belong to the joint family. As the said Babu Ramyad Singh died in 1939 the defendant No. 8 also became entitled to life interest in the properties of the joint family. The defendant No. 8 surrendered her life estate to the plaintiffs and the defendant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maintenance only. The statement in the plaint as to the date of death of Ramyad Singh must be read as an admission in favour of Bhagwano Kunwar. The High Court also observed that an admission in a pleading can be used only for the purpose of the suit in which the pleading was filed. The observations of Beaumont, C.J. in Ramabai Shriniwas v. Bombay Government(l) lend some countenance to this view. But those observations were commented upon and explained by the Bombay High Court in D. S. Mohite v. S. I Mohite(2). An admission by a party in a plaint signed and verified by him in a prior suit is an admission within the meaning of s. 17 of the Indian Evidence Act, 1872, and may be proved against him in other litigations. The High Court also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... understanding its contents cannot be accepted. There is positive evidence on the record that the plaint was drafted at the instance of Janki Singh and was filed under his instructions. The plaint was signed not only by Janki Singh and Kailashpati Singh but also by their lawyer, Ramanand Singh. Neither Ramanand Singh nor the panch Ramanand was called as a witness. Even in this litigation, Ramanand Singh was acting as a lawyer on behalf of some of the defendants. Kailashpati Singh is a Homeopathic medical practitioner and knows English. The plaint was read over to Janki Singh. Both Janki Singh and Kailashpati Singh signed the plaint after understanding its contents and verified all the statements made in it as true to their knowledge. They th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tendered. The rent receipts are in respect of certain lands held by her as a tenant. The first four rent receipts show that -Lip to 1343 fasli corresponding to 1936 the rent used to be paid by her through Ramyad Singh. Payment of the rent for 1345 fasli was made in 1346 fasli corresponding to 1939 through Janki. The rent for the subsequent years was paid through Janki and other persons. The High Court thought that the rent receipts showed that Ramyad Singh died in 1936 and because of his death, rent was subsequently paid through other persons. But the rent receipt for 1344 fasli is not forthcoming, and it is not known who paid the rent for 1344 fasli (1937). Moreover, assuming that Ramyad Singh did not pay rent in 1937 and 1938, it does not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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