KISHORE NARSINGH HIRALA SHAH Vs. PRAKASH NARSINGH SHAH

JUDGEMENT

(1.) THE plaintiffs are the children of one Sushilabai and they have filed the suit for declaration that they are the members of Joint Hindu Undivided family of late Narsingh alias Hiralal Shah, who was their father and for share in his property and for other incidental reliefs.

(2.) THE case of the plaintiffs in short is that deceased Sushilabai Shah was the second wife of Narshingh Shah who was also known as alias Hiralal Shah, and the defendants are the children of the first wife of Narsingh Shah from the deceased Smt. Banubai. According to the plaintiffs after the death of Narsingh shah they have become entitled to a share in his property being the legal heirs. Narsingh shah died in 1953 but he was married to sushilabai in 1935 and till his death Narsingh shah was paying maintenance to Sushilabai and after Narsingh Shah Banubai paid the maintenance and after her death the defendants paid the maintenance bdt since the defendants suddenly stopped paying maintenance, they have constantly filed a suit for declaration and other reliefs.

(3.) DEFENDANTS have on the other hand totally and completely denied the case of the plaintiffs. They have denied that Sushilabai was the second wife of Narshing Shah. They have denied that Narsingh Shah was known as hiralal. They have denied that any maintenance' was ever paid either by Narsingh Shah or by Banubai or by them and therefore ultimately denied that the plaintiffs are children of Sushilabai from Narsingh Shah and as a result according to the defendants plaintiffs have no right to claim any relief in respect of the property left by Narsingh Shah.