SWARANI DEVI Vs. BHAGAT RAM

JUDGEMENT

(1.) THE unsuccessful plaintiffs have come up in regular second appeal against the judgment and decree of the first appellate Court affirming in appeal those of the trial Judge dismissing their suit for declaration that they were owners-in-possession of 1/6th share of the suit land.

(2.) THE facts are as under :- As is evidenced by Mutation No. 717 dated December 19, 1898, Ex.P.11, Devia had three sons, namely, Joti, Moti and Phinda. Joti died issueless and his inheritance devolved upon Phinda son of Devia and Rulia son of Moti in equal shares; that the plaintiffs are sons of Rulia, whereas the defendants are the successors-in-interest of Phinda; that the parties to the lis have been in possession of the land which devolved upon them on the death of Moti in ancestral shares till consolidation; that during consolidation, the share of Joti, which devolved on the sons of Moti and Phinda, was allotted to the progeny of Phinda and this necessitated the filing of the suit by the plaintiffs for declaration of their share in the joint land which devolved upon heirs of Devia in the fist instance and on Joti's death, on Rulia son of Moti and Phinda son of Devia.

(3.) FROM the pleadings of the parties, following issues were framed by the trial Judge :-