LAWS(CHH)-2013-1-2

SARWANGO Vs. URCHAMAHIN

Decided On January 04, 2013
Sarwango Appellant
V/S
Urchamahin Respondents

JUDGEMENT

(1.) The present second appeal has been admitted for consideration on the following substantial question of law:-

(2.) Vide judgment and decree dated 2-5-1994 the Additional District Judge, in Civil Appeal No. 52A/92 allowed the appeal and dismissed the suit by reversing the judgment and decree dated 10-3-92 passed by the Civil Judge Class-II, Surajpur, in Civil Suit No. 9A/88.

(3.) Undisputed facts of the case, Jhangal and Dakhal were two brothers. Plaintiffs Sawango and Jaituniya are daughters of Jhangal, defendant Urchamahin was daughterin law of Dakhal, brother of Jhangal and Kismat Singh was probably illegitimate grandson of Balam Singh i.e. son of Dakhal. Both brothers Jhangal and Dakhal were joint owner of the property situated at village Kurwa, tahsil Surajpur i.e. 9.88 acres, they were by caste Gond. As per plaint allegation, they follow the Hindu law for their succession, but as per respondents' allegation, they were having thir own custom for succession.