SOSHIL CHAND Vs. MANGAT

JUDGEMENT

(1.) THIS is a defendants' appeal against an appellate decree passed by Mr. Tirath Dass Sehgal, senior Subordinate Judge, Karnal dated 2-1-1951, confirming the decree passed by the trial court whereby the plaintiff's suit, was decreed. In order to understand the facts of this case, it is necessary to refer to the following pedigree-table: kura _________________________|__________________________ | | bansi Nanak __________________|_____________________ _______________|_______________ | | | | | | bukha Prabhu Shibba Ban Singh (died Mathra Ghappu | | childless) | | kishan Lal ________|________ Baru Partapa | | | | | ____________|__________ Amolak Ram Gobind Lal Mst. Kako (widow), Matu Ram | | | | balak Ram Plaff. Mangal Ram Dina Nath Defdt. 1. Mst. Utml and Moorti (widow)Plff. Matu Ram and Mst. Kako on 9-11-1916, mortgaged the property in suit for a sum of Rs. 3000/-in favour of Mukand Lal and Parma Nand. On 3-4-1917, Matu Ram sold his share and that of mst. Kako in favour of Gokal Chand predecessor-in-interest of defendants 2 to 4. Matu Ram died on the 8-12-1923 and Mst. Kako died in November 1924. Mst. Utmi and Mst. Moorti widows of Matu Ram sold their one-half share in the property in dispute to Dina Nath defendant no. 1, who filed a suit for redemption against Mukand Lal and Parma Nand, but his suit was dismissed. Defendants 2 to 4 then brought a suit for redemption against the heirs of Mukand Lal and Parma Nand and succeeded in getting the land redeemed. Thus defendants 2 to 4 became the mort-gagees of the property in suit.

(2.) MANGAT Ram and Balak Ram, on 19-2-49, brought a suit for redemption in regard to the share of Mst. Kako. The defendants pleaded that the plaintiffs had no right to redeem in the presence of the widows of Matu Ram. who were preferential heirs, but the suit was decreed and the first appeal against that decree was also dismissed and the defendants have come up in second appeal to this Court.

(3.) THE sole point for decision in this case is as to who is a preferential heir to the estate of Mst. Kako's husband Baru, the widows of Matu Ram, who was the nearest reversioner or the plaintiffs mangat Ram and Balak Ram, who are more distant collaterals than Matu Sam but claim to have preferential right to succeed under Hindu Law to that of Mst. Utmi and Mst. Moorti.