PARAS RAM Vs. DAYAL DAS

JUDGEMENT

(1.) This appeal is directed against an appellate decree of the learned District Judge, Mahasu, affirming a decree of the learned Senior Subordinate Judge, Mahasu. The suit, out of which the appeal has arisen, was instituted by the appellant, his sister Smt. Sunehru, respondent No. 5 and his mother Smt. Dwarku, since dead, for the possession of the estate of Sita Ram, who had died on the 21st August, 1957. The suit, instituted in the Court of the Senior Subordinate Judge, Mahasu, was founded on the following allegations:-

(2.) Smt. Dwarku was married to Sita Ram about 40 years ago and the appellant and Smt. Sunehru respondent No. 5 were born during the continuance of that marriage. Sita Ram constituted a joint Hindu family with his brothers, Dayal Das respondent No. 1, Thakur Dass respondent No. 2 and Dhani Ram deceased. The property, in suit, was the property of the joint Hindu family. After the death of Dhani Ram his one-fourth share, in the property, in suit, was mutated in the name of his son, Bhagwan Dass respondent No. 4. On the death of Sita Ram, his one- fourth share in the property, in suit, should have been mutated in the names of the appellant, his sister Smt. Sunehru and his mother Smt. Dwarku, who were his heirs, but respondents Nos. 1 and 2 wrongfully got that share mutated in their names and had taken ' wrongful possession of the estate of Sita Ram.

(3.) The suit was contested fey respondents Nos. 1 and 2. They admitted that Sita Ram was their brother but denied that they constituted a joint Hindu family with him. The respondents pleaded that they were agriculturists and were governed by custom, and not by Hindu Law. The respondents, further, pleaded that the ancestral property had been partitioned, before the death of Sita Ram and that the property, in suit, had fallen to their share and was, thus, their exclusive property. The respondents denied that Smt. Dwarku was married to Sita Ram or that the appellant and Smt. Sunehru respondent No. 5 were his legitimate off-spring. The respondents pleaded that even if it be proved that Smt. Dwarku was married to Sita Ram, even then the appellant and Smt. Sunehru could not be regarded as his legitimate issue, as he had divorced her long before their birth. The respondents had taken up other pleas also, but they are not relevant for the decision of the present appeal.