SHIV RAM Vs. THAKAR DUTT

JUDGEMENT

(1.) This is a defendants' appeal arising out of a suit for a declaration of the plaintiffs' share in joint property.

(2.) One Unchab had four sons. Kesru, Bahau alias Gobind Ram, Musaddi and Chaudhry who were owners of the land in dispute. Upon the death of Kesru his share in the land was mutated in the name of his three sons Anant Ram (defendant No. 11) Thakar Dutt (plaintiff), and Shiv Ram (defendant No. 12). Bahau died without issup and his share was mutated in the names of his brothers. Musaddi and Chaudhry and the sons of his deceased brother, Keshri. Chaudhry died, and his share was mutated in favour of his widow, sons and daughters who are defendants nos. 1 to 10. Musaddi also died without issue. He had gifted his share to defendant no. 1. The plaintiff alleged that he was entitled to 9/24 share in the entire land on the basis that Bahau had appointed him his heir and also that the gift by Musaddi in favour of defendant no. 1 was invalid.

(3.) The trial court held that the gift by Musaddi in favour of Sita Ram could not be assailed. It also held that the plaintiff was entitled to the entire interest of Bahau in the land. Accordingly, it granted a declaration that the shares of the parties were as follows:-Plaintiff ............ 40/120 Defendant No. 1. ............... 33/120 Defendants 2 to 10 ......... 3/120 each Defendant No. 11. ............ 10/120 Defendant No. 12. ............ 1'0/120 An appeal was filed against that decree by some of the defendants but the appeal has been dismissed by the learned District Judge. Mahasu. And now this second appeal has been preferred by the defendants.