MST. PARBATI Vs. BIJE SINGH AND ORS.

JUDGEMENT

(1.) THIS second appeal is directed against the concurrent decision of the Courts below, dismissing the Plaintiffs suit.

(2.) PLAINTIFF , Shrimati Parbati, is the daughter of Bharat Singh who had died during the lifetime of his father Molar. On the death of Bharat Singh, his brother Surat Singh succeeded to him, and, on Surat Singh's death, his mother Shrimati Dhundhan, widow of Molar, succeeded as his mother. Shrimati Dhundhan died on the 1st of February, 1955. Defendants, who are fourth degree collaterals of Molar, succeeded in getting the mutation entered in their names after the death of Shrimati Dhundhan. This led to the present suit by Shrimati Parbati, daughter of Bharat Singh. She claims that she is entitled to succeed to the property in preference to the collaterals of her grandfather. Both the Courts below, relying upon the Riwaj -i -am of Rohtak District, have negatived her claim. Hence the present second appeal by the Plaintiff.

(3.) THE second contention of the learned Counsel is that Shrimati Parbati, being the granddaughter, is entitled to succeed to her grandfather's property in preference to the fourth degree collaterals, the property being non -ancestral.