HARI KISHAN DASS Vs. RAJESHWAR PARSHAD

JUDGEMENT

(1.) THIS judgment will dispose of two first appeals filed by the plaintiff -- Regular First Appeals nos. 383 and 384 of 1946. The main points involved in both the appeals are the same though the details of the properties are different.

(2.) IT will facilitate in understanding the facts of the case if I were to give the pedigree-table which is as follows: ganeshi LAL ______________________|______ | | rai Bahadur Kanshi Ram banersi Dass | __________|________ | | | Hari kishan Dass kuldip Parkash Kul Bhushan (Plaintiff)| raieshwar Parshad

(3.) IN 1901 there was a partition between Ganeshi Lal, Kanshi Ram and Benarsi Das by which the three of them separated 'inter se' and properties were partitioned. The 'haveli' which is in dispute in Regular First Appeal No. 383 of 1946 fell to the share of Ganeshi Lal, and the agricultural land which is in dispute in Regular First Appeal No. 384 of 1948 also fell to the share of Ganeshi Lal. In 1902 Kanshi Ram died. Ganeshi Lal died in 1906, and R. B. Benarsi das died on the 10th March 1938.