JUDGMENT :- This is an appeal by two defendants, which arises out of a suit for declaration and possession. The suit was filed by Shrimati Lilawati, daughter of Lazar, a predeceased son of Samuel. Prem Chand (defendant No. 1) and Timtawas (defendant No. 2) are the sons of Samuel, while Srimati Shanti (defendant No. 3) is a daughter of Samuel. Garis Chand (defendant-No. 4) is the son of Srimati Tabina, another daughter of Samuel, while Srimati Fremi (defendant No. 5) is similarly the daughter of Srimati Ester, yet another daughter of Samuel.

Samuel died on 1-6-1948, leaving lands anti-other properties in village Melan, subtehsil Kumarsain, district Mahasu. His property has been mutated in the names of Prem Chand and Timtawas, defendants 1 and 2, and they have takeand possession thereof. The plaintiffs case was that, parties, being Indian Christians, are governed, in matter of succession, by the provisions of Succession Act, 1925. Accordingly, she claimed one sixth share of the property left by Samuel.

Since defendants 1 and 2 refused to concede her claim, she had to file the suit. The other defendants were impleaded as they were also coheirs of the property left by Samuel. Consequentl

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