shyamo masani din died on died in died in died issueless 18 2 34 1914 1923 or 1904 smt.
therein again shyam behari lal was described as the son of gopal das.
gopal das was an income tax assessee.
his widow bhagwan dei died on october 19 1934.
the 1st plaintiff debi prasad claims title to the properties as the nearest heir to gopal das his maternal uncle who died in 1934.
he was assessed as the karta of his hindu undivided family.
he further stated therein lala gopal das his son referring to shyam behari lal and grand son are the sole owners of the firm styled kuramal kedar nath.
those assessment orders proceed on the basis that gopal das and shyam behari lal companystituted a joint hindu family.
thereunder he sought to transfer his 100 shares to shyam behari lal whom he described in his application as the son of gopal das.
15 chhotey lal.
this deposition he gave on may 20 1935 nearly a year after gopal das died.
the professional income of shyarn behari lal as a lawyer was taken into companysideration.
the first application was made on march 26 1936.
numberother reasonable inference can be drawn from the material on record.
is that deposition he stated i am partner of the firm of gopal dass chhangamal.
appeal by special leave from the judgment and order dated january 20 1965 of the allahabad high companyrt lucknumber bench in first appeal number 67 of 1948.
number 3 deft.
a 303 is the assessment order for the year 1925 26 exh.
the suit from which this appeal arises is for possession of the suit properties on the basis of title.
similar avertments were made in exh.
a 305 is the assessment order for the year 192728 exh.
a 358 is an application for transfer of shares made to the banaras companyton silk mills ltd.
a 300 is the assessment order for the year 1922 23 exh.
a 364 a companyy of the numberination paper filed by shyam behari lal for election to the municipal companyncil.
while companyputing the income of the h.u.f.
plaintiff number 2 is the proprieter of the said firm if debi prasad was the rightful heir to the estate of gopal das he companyld number have admitted in the year 1935 that shyam behari lal was the proprietor of the firm gopal dass chhangamal.
it was returned with some objection and the second application was made on may 4 1936.
number 1 other children died during minumberity .
it may be numbered that these documents came into existence at a time when there was numberdispute.
it may be numbered that most of those assessment orders were made during the life time of gopal das and evidently on the basis of the returns submitted by him.
this admission was made after the death of gopal das.
a 233 is the certified companyy of the deposition of the plaintiff given in regular suit number 55 of 1935 in the court of additional subordinate judge faizabad.
debi prasads explanation that on the date he gave that deposition he was unaware of the fact that he was the heir of gopal das cannumber be believed.
a 3 01 is the assessment order for the year 1923 24 exh.
a 352 and 356 are two applications made for registration of a firm under the indian partnership act 1932.
next we companye to the admissions made by the plaintiff him self.
a 309 is the assessment order for the year 1931 32 and exh.
a 236 is the certified companyy of the plaint filed by shyam behari lal and debi prasad jointly in suit number 353 of 1935 in the companyrt of civil judge faizabad.
kaushilla died in 1923 died in 1917 dead smt.raj rani shanker sahai manumberar das died childless died in alive 1944 or 1945 1929 smt.
k. sen e. c. agarwala s. r. agarwala and p. c. agarwala for respondent number.
the judgment of the companyrt was delivered by hegde j. in this appeal by special leave though number of contentions were taken we have number thought it necessary to go into all of them as in our judgment high companyrts conclusion that shyam behari lal 1st defendant had been validly adopted by gopal das is well founded.
in order to properly understand the companytroversy in the present case it is necessary to have before us the family pedigree.
both these applications bear the signature of debi pradsad as well as shyam behari lal.
a 302 is the assessment order for the year 1924 25 exh.
number 4 four other children died 1940 41 gopal das smt.
a 274 is anumberher certified companyy of the deposition given by debi prasad.
civil appellate jurisdiction civil appeal number 707 of 1966.
therein debi prasad number only admitted that shyam behari lal was the son of gopal das he further admitted that he became the proprietor of the companycern by survivorship.
a 299 is the assessment order for the year 1921 22 exh.
drupati mukut behari lal deft.
a 226 the decree in the aforesaid suit shyam behari lal was described .as the son of gopal das.
a313 is the assessment order for the year 1935 36.
the plaintiffs claim was resisted by the 1st defendant shyam behari lai who claimed to be the adopted son of gopal das.
number 1 minumber son minumber minumber daughter all died before 1890 the companymon ancestor of the family was lajja ram who died in 1874.
we are number companycerned with the branch of kedar nath the father of gopal das who died on february 18 1934.
gopal das was one of the persons who proposed his name.
a 262 656 657 and a 276 are the statements made by the relations of shyam behari lal and debi prasad wherein shyam behari lal was described as the son of gopal das.
1 to 6.
this was given on july 19 1923 in a suit where gopal das was the plaintiff.
in paragraph 1 of the plaint it is stated the proprietor of the said shop was gopal das father of the plaintiff number 1 till his life time and after his death to which about a year nine months and half have passed the plaintiff number 1 as survivor became and is the proprietor of the said property.
by debi prasad.
both of them were the close relations of the wife of gopal das.
the companytention of debi prasad is that gopal das had separated from his family he died intestate and therefore being the nearest heir of gopal das he is entitled to the properties left by gopal das.
misro smt.
a 306 is the assessment order for the year 1928 29 exh.
number 2 govind prasad ram kumar ram swarup mahesh bebari ram prasad deft.
this companytinuous and companysistent companyrse of companyduct on the part of debi prasad gopal das and others affords a satisfactory proof of the fact that shyam behari lal must have been the adopted son of gopal das.
kundan smt.
in exh.
radhey rani smt.
this companyld have only happened if shyam behari lal had been adopted by gopal das.
his son shyam behari and his grand son mukut behari are members of a joint hindu family.
the 2nd plaintiff is an alienee from the 1st plaintiff.
bhagwan baghumal kedar nath del died in 1932 died in 1925 died on 19 10 1934 debi prasad plff.
a 304 is the assessment order for the year 1926 27 exh.
a 359.
changumal smt.
a 307 is the assessment order for the year 1929 30 exh.
the admitted pedigree is as shown below lajja ram kooramal died in 1874 kedar nath hiralal died laddoomal ramass died in 1897 during his died fathers life issueless time in 1871 1st wife 2nd wife died in dwaramal 1874 alias shyam behari dwarkadas mantoo mal lal died in died in adopted by 1885 1897 at gopal das age 25 or 27.
therein he stated in cross the plaintiff number 1 has got a son named b. shyam behari lal vakil our business is also ancestral business.
in those applications it was stated that shyam behari lal had succeeded as a partner of the firm whose registration was sought in the place of his father gopal das who had died.
s. desai and k. p. gupta for the appellant.
