BHANWARI LAL Vs. PATASI

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the judgment and decree dated 18th December, 1965, of the District Judge, Alwar.

(2.) THE plaintiffs are the sons of Umrao Singh who died on 16th, April, 1962, leaving behind properties which are mentioned at items Nos. 1 to 11 of Schedule 'Ka' annexed to the plaint. Before his death, Umrao Singh by his will dated 10th May, 1961, bequeathed these properties in favour of Mst. Patashi his wife. The defendants in the suit are Mst. Patashi, the stepmother of the plaintiffs, Prem Narain and Durgaprasad the other two sons of Umrao Singh, and Mst. Ratti Devi, Anguri Devi, Maya Devi and Shanti Devi, daughters of Umrao Singh. Plaintiff's case is that until 10th September, 1961, Umrao Singh and his sons constituted an undivided Hindu family. On 10th September, 1961, the plaintiffs served a notice upon Umrao Singh of their intention to separate and demanded a partition of the properties. However, Umrao Singh died on the 16th April, 1962, without effecting partition of the properties. Plaintiff's case is that the disputed properties were jointly acquired by them and the deceased Umrao Singh and the plaintiffs are entitled to 20/45 the share in each property. A declaration has been further sought that the will executed by Umrao Singh in favour of Mst. Patasshi is illegal and void because none of the properties was his self -acquired property. They have also sought an injunction restraining Mst. Patashi from disposing of the family property.

(3.) THE lower court framed the following issues on the pleading of the parties: