DHIRAJKUNWAR Vs. LAKHANSINGH

JUDGEMENT

(1.) THIS is defendants' appeal from the decree of the First Additional Civil Judge, class I, Bilaspur, in Civil Suit No. 2-A of 1950, by which a deed of gift Ex. P-9 dated 16-4-1949, executed by Mst. Bhirapkuar, appellant No. 1, in favour of dwarkaprasad, appellant No. 2, has been held to be not binding on the plaintiff-respondent, Mannoolalsingh, now represented by his sons and widow, respondents 1 (a), (b), (e) and (d ).

(2.) PRITHISINGH, the propositus of the family, left behind four sons, Chaitsingh, bhawarsingh, Kanwal-singh, and Nawalsingh. Bhawarsingh was married to Mst. Akalo from whom he had a son, Tikaftsingh, who died on 24-4-1984. Tikaitsingh held -/8/- share of village Karwa, which, on his death devolved upon his widows, dhirajkuar and Champakuar, -/5/-village share being mutated in the name of dhirajkuar and -/3/- in that of Champakuar. Champakuar, however, remarried and left the family sometime in the year 1938 and consequently her -/3/- village share reverted to Dhirajkuar.

(3.) KANWALSINGH left behind two sons, Manpoo-lalsingh, the plaintiff, and Tiloksingh, father of appellant No. 2, Dwarkaprasad, Mannoolalsingh was the son of his legally married wife. Tiloksingh was born of Kanwalsingh from Mst. Akalo and his legitimacy is in question. According to the plaintiff, Mst. Akalo was the mistress of kanwalsingh and not his legally married wife. On the other hand, the case of the defendants was that Mst. Akolo had married Kanwalsingh after the death of bhawarsingh in accordance with the custom of the caste.