LAWS(MPH)-2020-2-92

MANAKBAI Vs. AMRITLAL

Decided On February 26, 2020
Manakbai Appellant
V/S
AMRITLAL Respondents

JUDGEMENT

(1.) This appeal u/S.96 of the CPC is at the instance of the plaintiff in the suit challenging the judgment dated 29/1/1998 passed in CS No.25-A/1984 dismissing the suit. The cross objection has been filed by the defendant No.1 in the suit challenging the findings recorded by the trial court.

(2.) The undisputed facts are that Chandmal and Kanakmal were real brothers. The plaintiff Manakbai w/o. Babulal is the daughter of Chandmal and the original defendant No.1 Manakbai is the wife of Kanakmal whereas defendant No.2 and 3 namely Sirubai and Kantabai were the daughters of Kanakmal. It is also not in dispute that on the death of Chandmal his wife Kanchanbai became his sole legal heir and since Chandmal had no issue, the plaintiff even after her marriage was residing with Kanchanbai.

(3.) For convenience the parties are referred in the judgment as per their original position in the suit as Plaintiff and Defendants.