DULAMAI Vs. ALGOO (DECEASED) AND OTHERS

JUDGEMENT

(1.) HEARD Sri S.K. Verma and Sri Sahid Masood, the learned counsel for the appellant and the respondents respectively. The only question that arises for determination in this appeal is as follows: Whether Dulamali alone, being the heir of Jokhu, was entitled to the property in dispute.

(2.) THE confirmed facts behind this appeal may be stated in brief. Admittedly Jokhu was the owner of the disputed property. Somaroo was son of Jokhu through his first wife. Jokhu married for a second time and this wife Gangia had a son named Algoo through her first husband Tukur, At the time of the death of Jukhu, Somaroo (his son) and Ganagia (his second wife) were alive. Subsequently, Somaroo died leaving behind his widow Dulamai, the plaintiff-appellant. Gangia also died leavjing Algoo, one of the defendants. The other defendants are the sons of Algoo.

(3.) THE lower appellate court found that Gangia, being a widow of Jokhu, in­herited to his property along with Somaroo (son of 7okhu) and on the death of Gan­gia her son Algoo inherited to her share in the suit property and the suit for inju­nction was, accordingly, not maintainable. The lower appellate court also found on facts that the plaintiff Algoo was in possession on a portion of the suit property and made a construction over the same which could not be demolished under the law.