NARESH MISTRY Vs. KAMLA DEVI AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the appellant.

(2.) THE defendant No. 1 in the suit is the appellant in this appeal against the judgment and decree of reversal granting the decree for partition as prayed by the plaintiffs.

(3.) THE defendant No. 1 contested the claim of the plaintiffs on the ground that Yugeshwar Mistry died in the year 1955 and therefore his daughters could not be entitled to succeed his interest in the joint family property as his heirs. It had also been the case of defendant No. 1 that after the death of Rameshwar Mistry he entered into a partition with defendant No. 2 Gopal Mistry to the extent of half share. It has also been his case that some of the suit properties belonged to his wife and some other property have been sold out and the purchasers are in possession.