SUNDER DEVI Vs. BHANWARLAL

JUDGEMENT

(1.) THESE three appeals were heard together. They involve common questions and as such it will be convenient to dispose them of by a common judgment. Facts giving rise to each of these three appeals may briefly be recounted:

(2.) THE plaintiff Smt. Aichukidevi died during the pendency of the second appeals and her legal representatives were substituted as appellants Nos. 2 and 3.

(3.) MEGHRAJ son of Bhaniram, Agarwal, resident of Balotra had married two wives Meghraj had two daughters Smt. Sunder Devi and Smt. Aichukidevi, who were plaintiffs in all the three suits. They were the daughters of Meghraj by his first wife. Meghraj died on September 8, 1945. Meghraj executed a will on July 31, 1945 whereby he bequeathed all his properties in favour of Smt. Munni Devi. Smt. Munni Devi is said to have made a will on December 9, 1953 in favour of Ramniwas son of Kundanmal, Agarwal of Balotra Smt. Munni Devi died on February 17, 1955. She had no issue of her own. After her death, escheat proceedings were taken on the ground that she died issueless. Ram Niwas is said to have filed an application for probate, but it was not granted. It may be mentioned here that Meghraj had two brothers: Jamnadas and Sambhuram. During the escheat proceedings, Asaram son of Jamnadas did not file any claim before the Collector. The Collector Barmer passed an order under section 6(7) of the Rajasthan Escheat Regulations Act, 1956 directing the objectors to establish their claim in civil courts. The plaintiffs preferred a revision before the Govet. against the decision of the Collector Ramniwas withdrew his claim. By order Ex. 4 dated November 27, 1975, the plaintiffs were held entitled to the properties by the Government of Rajasthan & consequently the properties were released in the plaintiffs' favour. As the defendant failed to pay any rent to anybody after the death of Smt. Munni Devi, i.e. February 17, 1955 until the institution of the suits as aforesaid were brought.