Judgment :-

Dalveer Bhandari, J.

1. This appeal emanates from the judgment of the High Court of Himachal Pradesh at Shimla delivered on 26th July, 2000 in Regular Second Appeal No.75 of 1993.

2. Brief facts which are necessary to dispose of this appeal are recapitulated as under. 3. In order to properly comprehend the inter se relationship of the parties, the Genealogycal family tree is reproduced herein.

3 Parcels -Undivided | | ______________________________________________ | | | HARI RAM KHARIA DELU (Died 1954) (Living in Kaljer) (Living in Shoongra) (Living in Soonthi | till death) | | | | | JAMNI, wife, HEMCHAND (Living in Soonthi (Son) till death) | | __________________________ | | DEVUKU SANGMA (Daughter) (Daughter) died young | | __________________________________________ | | | | JEET RAM SANT RAM FULGNA DEVI VIDYAWATI (Son) (Son) (Daughter) (Daughter)

4. Admittedly, Hari Ram, Kharia and Delu were brothers and they inherited an undivided share in the two joint family properties, one situated at Chak Nani measuring 55 Bigha 2 Biswas and the other situated Chak Kaljer, measuring 103 Bigha 10 Biswas.

5. Hari Ram died in 1954 without any male issue and he was survived by his wid