SHALIG RAM Vs. CHARANJIT LAL

JUDGEMENT

(1.) THIS is an appeal by the defendants in the suit against a decree of the Judicial Commissioner of the North-West Frontier Province, dated July 25, 1927, which reversed a decree of the Subordinate Judge of Peshawar dated July 1, 1926, and decreed the major portion of the plaintiffs' claim,

(2.) THE suit was brought by Hukam Chand and Charaujit Lal, alleging that they were the reversionary heirs of one Mul Chand and that on the death of his last surviving widow, Musammat Sahib Devi, they were entitled to recover possession of the properties specified in plaint, which they alleged were in the possession of the defendants, and which were originally the ancestral property of the said Mul Chand. Hukam Chand died pendente lite and is now represented by Musammat Sitan Devi, the second respondent.

(3.) THE Subordinate Judge who tried the case in the first instance dismissed the plaintiffs' suit with costs.