(1.) THE plaintiffs filed a suit No. 9 of 1949 in the Court of District Judge, Guna for the recovery of property in dispute on the ground that it was a joint family property, and in the alternative it was stated that if the property was not joint, then they were heirs to the last full owner (Parshadilal) and as such entitled to succeed him. The suit was, however, dismissed on 29 -8 -1949 by the learned District Judge, Guna. Aggrieved by this decision, this is plaintiffs' first appeal.
(2.) THAT plaintiffs' suit shortly stated is that Chaturbhuj had three sons: Ramchand, Thakurdas (plaintiff) and Parshadilal. Ram Chand died issueless. Thakur Das (plaintiff) had one son Parmanand and Parmanand had two sons, Tulsiram and Vallabh Das, both of whom are minors. In this case Thakur Das, his son Parmanand and his two grandsons are the plaintiffs. Parshadilal had no son and in consequence he adopted Laxminarain, who is in possession of Parshadilal's property and is a defendant in the case. The following sketch will show the relation in which the parties stand to each other:
(3.) THE trial Court framed as many as sixteen issues and held that Parshadilal and Thakurdas became separated long ago, that the defendant is the adopted son of Parshadilal, that the will dated 31 -12 -1945 was duly executed in favour of the adopted son and in consequence dismissed the plaintiffs' suit.
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