ROOP SHANKER Vs. SHASHI BALA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) A suit for partition was filed by one Smt. Shashibala widow of Pramod Shanker in the year 1973 in the Court of District Judge, Bikaner being civil original suit no. 37/1973 (17/1977 ). According to the plaintiff Smt. Shashibala, defendant no. 1 Roop Shanker - father-in-law of plaintiff Shashibala, inherited certain properties which were never partitioned. The husband of plaintiff died on 2. 9. 1967. According to the plaintiff, since she got share in the property, which is in possession of her father- in-law Roop Shanker, therefore, she is entitled to claim share in the property and according to the plaintiff, since her husband had half share in the entire properties, therefore, she is entitled to half share in the properties which are in the hands of defendant no. 1. Defendant no. 2 - Smt. Premvati was impleaded as party as she was second wife of defendant no. 1 Roop Shanker thereby step mother-in-law of plaintiff.

(3.) IT will be worthwhile to notice that Hari Shanker, son of Roop Shanker and Premvati, has not been shown as party in the judgment and decree of the trial court dated 10. 2. 1982 but he has been impleaded as party in S. B. Civil First Appeal No. 44/1982.