SODI DEVI Vs. HAJARIMAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by Additional District Judge, Sirohi, dated 16.4.1976, in Civil Suit No. 18/73.

(2.) Smt. Sodi Devi, whose legal representatives are the present appellants, filed a suit for partition and possession of certain property against Hazarimal, Juharmal and Smt. Gulabi Bai, in the court of Addl. District Judge, Sirohi, on 8.8.1973. She alleged the following pedigree of Narsinghji:

(3.) She alleged that out of four sons of Hinduji, Shankarlal separated himself about 33 years ago and the remaining three brothers - Jasraj, father of the plaintiff, Surajmal, father of defendant No. 1 -Hazarimal and Juharmal, defendant No. 2; remained joint in status until death of Jasraj. Surajmal died in 1945. Jasraj dies in the night intervening between 24th and 25th January, 1973, leaving behind plaintiff-the daughter of deceased Jasraj and the defendant No. 3 -Gulabi Bai- widow; as his only heirs. It was also alleged that after the death of Jasraj, the gold ornaments, silver utensils and other valuables in seven boxes, which were in the custody of Gulabi Bai, were removed from her custody by Sumermal, son of Hazarimal and were placed in the custody of defendant No. 1 -Hazarimal. As a member of Joint Hindu Family, Jasraj at the time of his death, had l/3rd share in the undivided property of the Hindu Undivided Family.