DAWARIKI Vs. BANTO

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgments and decree passed by both the Courts below dismissing the suit filed by the plaintiff-appellant praying for a decree of declaration that the plaintiff/appellant, being widow and daughters of Shamsher Singh (pre-deceased son) are entitled to inherent of 1/3rd share in the estate of Kishan Chand, father of Shamsher Singh and defendant No.1 and grand-father of defendant Nos. 2 and 3.

(2.) The lower Court record has been requisitioned.

(3.) The case as set up in the plaint is that Kishan Chand has three sons, namely, Jeet Ram, Jagir Singh and Shamsher Singh, who pre-deceased leaving behind the plaintiff to be widow and daughters as his only legal heirs. Kishan Chand died on 28/10/1979 leaving behind defendant No.1-Jagir Singh and father of defendant Nos.2 and 3 Jeet Ram (sons).