RAMJI LAL Vs. CHANDGI

JUDGEMENT

(1.) This is defendant/appellant's appeal against the judgment and decree passed by the learned lower appellate Court decreeing the suit for declaration filed by the plaintiff/respondents claiming to be owner in possession of half share of the property along with defendant/appellant by way of inheritance from Sh. Parsada.

(2.) The case of the plaintiff was that he being son of Sh. Parsada was entitled to inherit 1/3rd share along with the appellant/defendant, therefore, was in joint possession of 2/3rd share in the property. The other 1/3rd share was under the ownership of their mother being widow of Sh. Parsada.

(3.) It is not in dispute that the mother also died intestate, therefore, the property in her name was also to be inherited equally by the plaintiff and the defendant/appellant.