KAMLA DEVI Vs. JANKI

JUDGEMENT

(1.) The dispute, in this appeal, against an appellate Judgment of the learned District Judge, Hoshiarpur Division at Dharamsala, relates to the estate of Roop Singh. Roop Singh had died in 1909 and was succeeded to by his mother, Smt. Koklu.Smt. Koklu died on 5-31948. The mutation of the estate inherited by Smt. Koklu from Roop Singh was sanctioned in favour of Smt. Janki and Smt. Daropati, sisters of Roop Singh, and Man Singh son of Smt. Janki. The collaterals of Roop Singb had filed a suit for possession of the estate of Roop Singh on the ground that they were preferential heirs as against sisters of Roop Singh The suit was ultimately dismissed by the High Court. The copy of the judgment of the High Court is Ex. P. 12. It was held that sisters of Roop Singh were preferential heirs as against collaterals.

(2.) The plaintiff in the present suit, a daughter of Smt. Sahni, a third sister or Roop Singh, had filed a suit, out of which the present appeal has arisen, claming one-third share in the estate left by Roop Singh on the ground that, according to the agricultural custom, governing Roop Singh and the parties,she was entitled to one-third share which her mother Smt Sahni, would have got had she been alive. The suit was resisted by Smt. Janki, Man Singh and Smt. Daromati They denied that the plaintiff had got any claim to any share in the estate left by Roop Singh. They had also raised other pleas, .which not are relevant for the purpose of the decision of the present appeal,

(3.) The trill Court dismissed the suit, holding that the plaintiff had failed to establish any custom under which she cou claim any share in the estate of Roop Singh and that neither the plaintiff was entitled to get any share in that estate under Hindu Law.