Amritsaria vs Prabh Dial - 1923 Supreme(Lah) 29

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(Lah) 29

CAMPBELL
Amritsaria – Appellant
Versus
Prabh Dial – Respondent

JUDGMENT

Campbell, J. - In the suit out of which the present second appeal arisas ten persons were plaintiffs, alleging themselves to be the agnates of one Mula Mal Sunar. They sued for possession of house property, land held in mortgage and moveables against the sister's son of Mula Mal, Amritsaria and two others. The trial Court decreed the claim in part and gave the plaintiffs possession of the land and of a shop. Their suit for the rest of the house property and for moveables was dismissed.

2. Against this decision seven of the plaintiffs, the descendants of Ram Ditta, appealed in regard to the portion of the claim disallowed, and the defendant Amritsaria also appealed against the partial decree given to plaintiffs. Three plaintiffs, Phallu, Tulsi and Ramun, did not appeal. The points for decision before the learned District Judge were, first, whether the plaintiffs were collaterals of Mula Mal; and secondly, if so, to what property left by Mula Mal they were entitled. The learned District Judge held that the respective common ancestors of the plaintiffs and Mula Mal, Ratna and Bahadur were brothers, accepted the plaintiffs' appeal, held that the descendants of Eatna were entitle

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