HARIA Vs. BHINDRU

JUDGEMENT

(1.) THIS is an appeal from a judgment of the Chief Judicial Officer, Simla Hill States at Kasumpti, dated 31st July 1948, reversing a judgment and decree of the District Judge, Thaog State, dated 3lst July 1947, and thereby dismissing the suit.

(2.) THIS is a dispute between three proprietors holding estates respectively in villages, Shariana and Batog in Theog State and Moond in Sirmur State, now comprised in Himachal Pradesh. Each of the landed proprietors of Shariana and Moond maintained that he was the absolute owner to the exclusion of the rest. But the proprietors of Batog estate, save a solitary exception, maintained that all these three estates were joint property. Bali Ram of village Batog defendant 11 claimed that the Batog estate had fallen to the share of defendants 4 to 11 and have been mutually partitioned amongst them without any reference to the plaintiff or to defendants 1 to 3.

(3.) THE respondents are distant kinsmen of the appellant.