Hon’ble Pankaj Mithal, J.—The plaintiff Jamuna Das instituted original suit No. 709/1968 against the defendants Dani Ram and others for declaration that he is entitle for 1/8th share in the two anna charhawa/bhent (offerings) received at the Giriraj Ji Maharaj Mukharbindu situate in village Jatipura, district Mathura and for recovery of Rs. 112.50 paise from defendant No. 1 as his share in the offerings till 30.11.1968. The suit was mainly contested by the defendant No. 1 Dani Ram. The other defendants contended that they have already paid the share of the plaintiff to the defendant No. 1 and as such no relief is liable to be granted against them.

2. The Court of first instance framed the following issues :

(1) Whether the plaintiff is cosharer in bhent Chadhava? If so, his share?

(2) Whether the plaintiff is daughter’s son’s son of Girdhar? If so, is the plaintiff cosharer either by succession or by sale-deed?

(3) Whether the plaintiff is prohibited by custom from receiving Bhent-Chadhava?

(4) Relief?

3. The suit was dismissed holding that plaintiff is not the son’s son of the daughter of Girdhar and that he is not a co-sharer either by succession or by sale though there i