RATTI RAM Vs. BASANTI

JUDGEMENT

(1.) JUDGMENT:- This appeal is directed against the judgment and decree passed by the learned District Judge, Shimla, dt.Nov.27, 1970, affirming the decree and judgment passed by the trial court.

(2.) Necessary facts relevant to decide this appeal may be stated. Mathu and Mast Ram were real brothers. Mathu died issueless and was survived by his widow Smt. Basanti. The appellant (hereinafter to be referred to as the'plaintiff')and respondents Bishia and Kewalia (respondents 2 and 3 respectively) are the sons of Mast Ram. Smt. Basanti succeeded Mathu as his widow. The plaintiff filed a suit against respondent 1 Smt. Basanti (defendant 1) and also impleaded Bishia and Kewalia respondents 2 and 3 as defendants (the respondents shall be referred to hereinafter as the'defendants') alleging that since defendant 1 had remarried one Sobhu and had also become unchaste after the death of her husband, she had lost all rights in the property inherited by her as a widow of Mathu. It may be pointed out that defendant 2, Shri Bishia died during the pendency of this appeal and his legal representatives have been brought on record.

(3.) On the pleadings of the parties, the following issues were framed: