MEGHRAJ Vs. MT SONI

JUDGEMENT

(1.) THIS is a second appeal in a suit for declaration by the plaintiffs who have been unsuccessful in both the courts below.

(2.) THE dispute between the parties relates to the property of one Kanyalal Bagani who died at Phalodi in the year 1937. It appears from the plaint that the plaintiffs Tansukhdas and Meghraj were challaned by the police for stealing the property of the deceased Kanyalal. They were convicted by the Chief Court of the former State of Jodhpur under Section 411 of the Marwar Penal Code and sentenced to pay a fine of Rs. 2,000/ -.

(3.) AFTER recording evidence of both the parties, the trial court decided all the issues against the plaintiffs and dismissed the suit on 18 -8 -1949. Being aggrieved by that judgment, the plaintiffs went in appeal but it was dismissed by the Judge, Additional District Court, Jodhpur, on 21 -11 -1950, and hence they have come to this Court.