DEWALA WIFE OF BIRSINGH Vs. RUPSIR

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff Mst. Dewala whose suit for possession against the defendants-respondents has failed in the Courts below.

(2.) The undisputed facts of the case are that the properties in suit (i.e. lands, a house and some moveables worth Rs. 600/- as detailed in the plaint) belonged to one Dasoda, who died on 10-7-1949, leaving behind three daughters --Mst. Dewala (appellant), Rupsir (respondent No. 1) and Mst. Tejia, mother of Jhitu (respondent No. 21. The plaintiff claimed to be entitled to one-half share in the suit properties and sued for joint possession to the extent of her share.

(3.) The respondent No. 2. Jhitu, did not. appear to contest the suit. The respondent No. 1, Mst. Rupsir, contested the claim on the ground that she was more indigent and unprovided for than the plaintiff and was, therefore, better entitled to inheritance to the properties of Mst. Dasoda than the plaintiff. She had also raised other pleas to resist the claim, but they are no longer pressed and need not be stated. The plea that the appellant being better provided for was excluded by the respondent No. 1 has prevailed in the Courts below and the suit has, therefore, been dismissed.