HIRA RAM Vs. PARSANI

JUDGEMENT

(1.) This is a plaintiffs' appeal against an appellate decree of Additional District Judge Guru Datta of Hoshiarpur, dated 9-7-1948, reversing the decree of the trial Court decreeing the plaintiffs' suit.

(2.) The dispute in this case is between third degree collaterals and Mst. Parsani and other daughters of Atma Rani, the last male owner of the estate, in order to understand the case, a reference may be made to the following pedigree-table. NIKKA __________________________________|_____________________________ | | | | | | Ram Jas Rama Radha Narain Sawan Dillu | Atma Ram ________________________________________| | | | Maya Parsani Satya Devi (Deft. No. 1) (Deft. No. 2) (Deft. No. 3) Plaintiffs are some of the descendants of the other brothers of Dillu.

(3.) On the death of Atma Ram, which took place about 15 years ago, the property was mutated in the name of his widow Mst. Ralli, who died on 23-8-1938. On her death the land was mutated in favour of Mst. Maya, who was defendant 1 but died during the pendency of the suit. The dispute really resolves itself into whether on the death of Atma Ram, his daughters are better heirs than the collaterals & for the decision of that it is necessary to enquire into the ancestral nature of the property left by the deceased, which consists of land and a house. The learned trial Court held that the land was ancestral, but the District Judge on appeal held it otherwise. The same decision was given in regard to the house.