BADRINARAYAN GANGADHAR Vs. NAGARMAL HANUMANDAS

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal from the dismissal of their suit for possession of a house and certain fields. The following genealogical tree will be of assistance in appreciating the contentions of the parties: the appellants, who were plaintiffs in the Court below instituted two suits for possession of toe aforesaid house and fields against Sampatrarm, the respondent No. 1, and the other four respondents.

(2.) IT is common ground that this property was the separate property of Bhagwan, the brother of the mother of Badrinarayan, appellant no. 1, and of Kunanibai, the grand-mother of the appellant no. 2, Baijnath. After the death of Bhagwan, this property went into the possession of the respondents. According to the appellants, they are the preferential heirs of Bhagwan and are thus en titled to this property.

(3.) IT is common ground that the parties to the suits who are Agarwals have migrated to the Yeotmal District from the Hissar District in the Punjab. According to the respondents, females are excluded from inheritance by the customary law of Punjab which is applicable to the parties. Therefore according to them, the appellants suits must fail! Several other contentions were taken by the respondents but it is not necessary to refer to them in the view I take about this particular con tention.