MAKHEA KUMBHAR Vs. FAGU KUMBHAR AND ORS.

JUDGEMENT

(1.) THE unsuccessful Defendant No. 6 Makhea Kumbhar in the Courts below is the Appellant. This appeal arises out of assault filed by the Plaintiffs against deceased Khudu. Kumbhar's widow Sukamati for declaration of right of the Plaintiffs and proforma Defendants 3 and 4 all as reversioners or Khudu Kumbhar who died about 40 years ago in respect of the suit property.

(2.) THE material facts are these: Bhiku and Khudu were two brothers. Bhiku had two sons Jaipal (since deceased) and Plaintiff No. 1 Fagu. Plaintiffs 2, 3 and Defendants 3 and 4 are the sons of the deceased Jaipal; they represent Bhiku's branch of the family. Khudu died about 40 years ago issueless leaving him surviving his widow Sukamati on February 20, 1946 Sukamati executed a registered will Ext. D in favour of Defendants 1 and 2 who are her brother's sons; thereafter Sukamati died; the year of death of Sukamati is either in 1950 or 1951 which is controversial in that the question of limitation depots on the year of her death as hereinafter discussed. On April 30, 1962 the Plaintiffs claiming as reversioners brought this suit against Defendants 1 and 2; the brothers of the Plaintiff No. 2 -Defendants 3 and 4 -not having joined the Plaintiffs in the suit were made proforma Defendants.

(3.) AT the trial Court among the issues raised, issues 3, 4, and 5 were these: '