NATHI Vs. HANUMAN

JUDGEMENT

(1.) THE plaintiffs Mst. Nathi and Mst Gaini and the defendant No. 1 Mst. Sebu, who, is now dead and is represented by her husband No. 1 and her son respondent No.2 were the three daughters of one Dhanna Jat. who is said to have died in Section 1969 equivalent to 1939 A.D., leaving behind the widow Mst. Heera and three daughters. Mst Heera died in Dec.1957 and after her death the plaintiff -appellants filed the present suit on 7 -3 -1960 for declaration that each of the three daughters of Dhanna is entitled to 1/3rd share in the property of Dhanna. It was also prayed that a perpetual injunction be issued against the defendants viz defendant No. 1 Mst Sebu and her son defendant No. 2 Birbal not to interfere in the share of the plaintiffs.

(2.) THE defendants resisted the suit inter alia on the ground that Mst. Heera had bequeathed the whole of the property belonging to her in favour of the defendant No. 1 Mst. Sebu and her son Birbal, and, therefore, the plaintiffs are not entitled to get any share out of it. It was also pleaded that the plaintiffs were not in possession of the suit property, and therefore, the suit for mere declaration was not maintainable.

(3.) THE appeal filed by the defendants from the judgment and decree of the trial court was however, allowed by the Senior Civil Judge, Sikar and the plaintiffs' suit was dismissed. Consequently the plaintiffs have come in second appeal to this court.