RATNIBAI UDAL Vs. MANKUWAR SAMELAL

JUDGEMENT

(1.) THIS second appeal is at the instance of the plaintiff whose suit for possession has been dismissed by the lower appellate Court after reversing the judgment and decree passed by the trial Court.

(2.) THE following facts as found by the Courts below were not in dispute before this Court:

(3.) UNDER the aforesaid circumstances, Dukala Bai the mother of Udal claimed the suit land on the ground that on the death of Udal, she was the only heir to inherit the property left by him being his mother inasmuch as ratni Bai the wife of Udal had already remarried. (During the pendency of this second appeal, however, Dukala Bai died and Ratni Bai has been substituted in her place ). Thus, the claim made in the plaint was that, after the death of Udal, Mankunwar Bai could not get any right, title or interest on the suit land left by Udal and the same devolved on Dukala Bai, being the mother of Udal.