BIMLA DEVI SARAF Vs. THAKUR GOPINATH JEE

JUDGEMENT

(1.) One Sitaram left behind six sons, Brij Bihari Das, Nawal Bihari Das, Narayan Das, Purushottam Das, Hari Das and Awadh Bihari Das.

(2.) ACCORDING to plaintiff, after death of Sitaram, his son, Narayan Das filed Partition Suit No. 59 of 1928, which was disposed of on 2.2.1929 in temrs of compromise, whereby three brothers, namely, Brij Bihari Das, Nawal Bihari Das and Narayan Das separated and got properties to the extent of their respective shares of 2 annas 8 pies each and the remaining three brothers, namely, Purushottam Das, Hari Das and Awadh Bihari Das jointly got takhta of 8 annas share. Some properties were endowed to the family idol, Thakur Gopinath Jee in the said compromise and Purushottam Das acted as Shebait.

(3.) PURUSHOTTAM Das died on 25.12.1953. Thereafter in respect of the said will, Probate Case No. 22 of 1954 was filed, which was converted into Title Suit No. 5/3 of 1954 and was decred after contest and probate was granteed. F.A. No. 388 of 1962 filed against grant of probate by Mostt. Chamela Kuer and Mostt. Bhagwan Dei, who were respectively widow and daughter of Purushottam Das was also dismissed.