AMAR DEVI Vs. SANT RAM ETC

JUDGEMENT

(1.) This judgment will dispose of Second Appeal from Order No. 12 of 1950 and Regular Second Appeal No. 683 of 1950, and the only point for determination in the present case is whether a daughter amongst Rajputs of Maler in the Dehra Tahsil of Kangra District is excluded by collaterals of the sixth degree in regard to ancestral property.

(2.) Both the appeals are by Amar Devi against the judgments and decrees passed in appeals by the Additional District Judge, dated the 3rd of January 1950, and the District Judge dated the 21st of June 1950, respectively. The Additional District Judge allowed the appeal of the collaterals and remanded the case under Order XLT, Rule 23-A, Civil Procedure Code, and then the District Judge after the remand granted a decree lor declaration holding against the daughter as against collaterals of the sixth degree. The appeals are against the order of remand and against the appellate decree.

(3.) The following pedigree-table will show the relationship of the parties : SITA RAM | Pohlu ______________|__________________________ | | Dhola Badna | | _________|______________ Santa | | | Kishnu Gharbu Jagni | | | jawala Sheru Jawahar | | | Gokal ___________|_________ Bassi | | | | Bakshi Chitru Mehru Mt. Durgo | | | (deceased) | Gulaba | | __|________ Plff.No.5 _________|_____ Mt. Amar | | | | Devi Sangara Sant Ram Prema Biknu (deft.) Plff.No.2 Plff.No.1 | Plff.No.4 Jai Devi Plff.3.