RAM SINGH MINOR Vs. RAMO BAI MINOR

JUDGEMENT

(1.) THIS is an appeal by some of the defendants against the decree, dated 3-121958, as amended by the order, dated 24-1-1961, passed by the Second additional District Judge, Bhopal, in civil appeal No. 239 of 1958, partly modifying the decree, dated 1-7-1957, passed by the Munsif, Udaipura, in civil suit No. 37 of 1956, dated 1-1-1957.

(2.) THE genealogy of the first respondent's family is as under: darmalsingh (d. 36 years before)singh (Respondent 2) (d. 15 years before ). Smt. Ramobai (Respondent 1 ). Hargovind and Brijmohan died long back. The first respondent filed the present suit against the alienees Bhaosingh, Kashirarn and Ramsingh alleging that there was already a partition between her uncle Ayodhya Prasad and her father raghuraj Singh about one year prior to the death of Raghuraj Singh. Therefore she claimed to be the heir of her father and, as such, alleged that the sale-deeds dated 8-1-1845 (Ex. D-1) executed by Ayodhya Prasad in favour of Bhaosingh, dated 27-6-1946 (Ex. D-2) in favour of Haridas, and dated 27-6-1946 (Ex. D-3) in favour of Haridas (father of the first, appellant Ramsingh), did not affect her title or interest and the same could not bind her. Therefore she claimed a decree for possession

(3.) THE transferees as also the transferor Ayodhya Prasad denied the plaintiff's claim. According to them, there was no partition at any time between Ayodhya prasad and Raghuraj Singh and therefore Ayodhya Prasad got the property by survivorship. As such, the plaintiff could have no interest in the property of her fattier Raghuraj Singh.