LAWS(MPH)-1997-8-92

RANGLAL Vs. SHIV LAL AND OTHERS

Decided On August 20, 1997
RANGLAL Appellant
V/S
Shiv Lal And Others Respondents

JUDGEMENT

(1.) This is a second appeal directed against judgment and decree of the 1st appellate court dated 16-11-1992 in civil appeal No. 32-A/88 and in 34-A/88 (a single judgment of two appeals) whereby the appeal of the respondents Shivlal, Devial and Banshilal was accepted and the suit No. 28-A/80 of the present appellant/plaintiff was dismissed in respect of suit land. By the same judgment, Civil Suit No. 24-A/80 filed by respondents against the present appellant/ plaintiff, was decreed declaring that the present respondents were 'Bhumi Swamis' of the suit and Ranglal appellant had no share in the same and that Ranglal was not real son of Nathu nor any share was ever inherited by his mother Ganga Bai from Nathu.

(2.) The relationship of the parties as found by the courts below may be noticed in the form of genealogical tree, as under:

(3.) The dispute is in respect of properties left by Nathu Meena. Ranglal claims that as son of Gangabai who was married to Nathu, he became entitled to an equal share with the defendants/ respondents in the lands left by Nathu, as per custom prevalent among their families (they are Meenas by sub-caste). The suit land is situated in villages Shyampur and Godiya.