VIMAL KUMAR BABULAL Vs. SANAT KUMAR MATHOELAL

JUDGEMENT

(1.) THIS is an appeal of defendants 1 and 2 against the judgment and decree of the court of Additional District Judge, Sagar, in civil suit No. 8-A of 1948, by which the claim of the plaintiff for declaration of his title to a house at Khurai was allowed. This judgment shall also dispose of First Appeal No. 54 of 1951, which has been filed by the plaintiffs of civil suit No. 12-A of 1948 of the Court of 2nd Civil Judge, class II, Sagar, against the judgment and decree dismissing their claim for possession of another house at Khurai.

(2.) THE two houses in dispute belonged to one Hate Bhaiji; on his death, they devolved on his two daughters, Nanhibai and Gangabai. Nanhibai predeceased her sister Gangabai who thereon became full owner of the houses. She died on 4-31936.

(3.) IN civil suit No. 8-A of 1948, out of which the present appeal arises, Sanat kumar, respondent No. 1, was the plaintiff, Babulal and his minor son Vimal kumar, who are the appellants, were 'defendants Nos. 1 and 2; and Gattulal, respondent No. 2, who is the son of Gangabai's daughter, was defendant No. 3. In civil suit No. 12-A of 1948, out of which first appeal No. 54 of 1951 arises, Babulal and his brother Dharamchand, who are the appellants, were the plaintiffs, and sanat Kumar and his tenants, who are the respondents, were the defendants.