Judgement Key Points

RANAWAT, J.—This is second appeal by Nandkishore and Mst. Birji against the judgment of the District Judge, Kotah, of the 31st of October, 1949, by which the judgment and decree passed by the court of the Civil Judge, Kotah, on the 30th of September, 1947, were set aside and the suit of the plaintiffs was decreed for possession of the disputed property with costs.

2. A suit was filed by Mst. Ramnathi as next friend of her two minor sons Brijbehari, and Bhawani Shanker against Nandkishore and his wife Mst. Briji in the court of the Sub-Judge, Kotah, for recovery of possession of a house of which the details were given in the plaint and which belonged to one Sheonarain who was an uncle in relationship to the plaintiffs. After the death of Sheonarain in January, 1944 his widow Mst. Surja Bai inherited his property as limited owner. She died on the 11th of March, 1945 and after her death Mst. Briji and her husband Nandkishore took possession of the properties left by her in pursuance of a will executed by her during her life time in favour of Mst. Briji. It was claimed by the plaintiffs that as they are the heirs of Sheonarain they are entitled to inherit the property left by Sheo Narai

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