DWARKA PRASAD
SHESH MAL – Appellant
Versus
HARAK CHAND – Respondent
Dwarka Prasad, J.
( 1 ) THIS second appeal arises out of a suit for possession, which has been dismissed by both the courts below.
( 2 ) IT is no longer in dispute that the house property, which is subject matter of litigation between the parties belonged to the joint Hindu family of Sheshmal. It has been mentioned in the plaint that the said house situated in village Devria, Tehsil Jetaran in the District of Pali, was the ancestral house of the plaintiffs. According to the plaintiffs themselves Sheshmal migrated to Maharashtra and started residing in village Chandai in District Aurangabad, in the State of Maharashtra. The plaintiffs case is that the house in dispute was lying vacant, but five years prior to the institution of the suit the defendants, who were related to the plaintiffs as they came from the same stock, unlawfully entered the disputed house and occupied the same without any right. Thereafter, the defendant-respondents also obtained a patta in respect of the disputed house from the Panchayat Devria on March 8, 1959. The plaintiffs filed the suit on October, 21, 1964 and prayed therein that the possession of the house in dispute be restored to them and they
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