GAYANABAI Vs. MAYARAM

JUDGEMENT

(1.) THIS is defendants' second appeal against the judgment and decree of the appellate Court which had reversed the dismissal of the suit by the trial Court.

(2.) THE major facts which are not in dispute may be stated thus; Nihala, Khushal and Dayaram were three brothers. They separated and the ancestral property was divided by metes and bounds. Nihalal died in the year 1939, his wife having predeceased him. Nihala's son Sikdar died three years later in 1942, issueless.

(3.) KHUSHAL died in 1953 and Dayaram died in 1944. Plaintiff Mayaram is the son of Khushal. Mayaram was aged about 7 -8 years at the time of death of his father Khushal in 1953.