DRABOO BENISINGH Vs. BANSILAL BHOLE PATEL

JUDGEMENT

(1.) THIS is a defendant's appeal against the reversing judgment of the lower appeal Court by which the plaintiff's claim for possession of malik -makbuza plots khasra Nos. 95 and 148 of village Chilachond Khurd and for mesne profits was decreed.

(2.) IN order to appreciate the questions in controversy, the genealogy accepted by the lower appeal Court is given below:

(3.) ACCORDING to the plaintiff, Sone had, besides Hiralal and Parasram, a third son Khuman and Sukkha was a descendant of Khuman through his father Dharamdas and grandfather Daulat. That being so, Sukkha, being Surat's grandfather's brother's grandson, inherited the disputed plots in preference to Mst. Binia who is Surat's grandfather's brother's son's daughter. The plaintiff claimed title to the plots under the sale deed executed by Sukkha and averred that the defendant wrongfully took possession of the plots in July 1953.