LAWS(CHH)-2016-1-29

PARMANAND AND OTHERS Vs. BITAWAN BAI AND OTHERS

Decided On January 06, 2016
Parmanand and Others Appellant
V/S
Bitawan Bai And Others Respondents

JUDGEMENT

(1.) Heard.

(2.) This appeal was admitted on the following substantial question of law :

(3.) The appellants/plaintiffs filed suit seeking a declaration and injunction in their favour and against the defendants on the pleadings inter alia that the original plaintiffs and defendant No.1 are daughters of Itwari and Rambati (deceased defendant No.2). Itwari died on 07.08.1962. The plaintiffs and defendants being the heirs were entitled to succeed to the property of deceased Itwari, in equal share. It was pleaded that the plaintiffs came to know and cause of action arose for them when it was revealed that defendant Bitawan Bai, their sister proceeded to enter into agreement to sell joint property to third parties and apprehending that she may dispose off the joint property effecting the interest of the plaintiffs, suit is being filed.