SHIVKARAN Vs. SARSWATI

JUDGEMENT

(1.) THIS is an appeal by Shivkaran against the judgment and decree of the Additional District Judge, Jodhpur, by which he decreed the suit brought by Mst, Sarswati for a declaration that she was entitled to the entire movable and immovable property left by her deceased father, Hariram.

(2.) THE case put forward by the plaintiff was that her father died in Jeth Svt. 1992 leaving movable and immovable properties, list of which was attached to the plaint. Immovable property included certain houses and certain agriculture lands and wells. THE plaintiff claimed that she was heir to her father being the daughter, and based her claim on the principal of Hindu law, and the custom prevalent in the community of Shrimalis. Thikana Ghanerao took possession of the agricultural lands and wells on the ground that Hariram had died heirless. THEreupon the plaintiff as well as the defendants claimed to be the heirs of the deceased Hariram before the Thikana. THEy were directed to get their title adjudicated in the civil court, and therefore this suit was filed by the plaintiff making other objectors defendants.