Decided on October 06,1952

Barikam Appellant
Charnu Respondents


CHOWDHRY,J. - (1.) THIS is a defendants' application in revision, and it arises in the following circumstances.
(2.) NIKU , brother of the plaintiffs respondents Lachmu and Charnu, died on 15 9 1993 B. He left property in two villages, Bodhal and Jaidevi, and his one third share in each of the two villages was mutated in favour of the defendants petitioners, the mutation in respect of the Jaidevi property having taken place on 31 3 1994 B. and that in respect of property in Bodhal on 11 11 1994 B. It appears that the entire property in Bodhal was in possession of the plaintiffs and the entire property in Jaidevi, in that of Niku. After the mutations the defendants applied to the revenue authorities for partition of their one third share in Bodhal. Thereupon the plaintiffs filed two Suits on one and the same date, i.e., on 19 11 1948 A.D., one relating to the property in village Jaidevi and the other to that in village Bodhal. As the plaintiffs were in possession of the property in Bodhal, they prayed for merely a declaratory relief in the suit relating to that property, while in the other suit they also prayed for possession. The pleadings in both the suits were identical. The plaintiffs alleged that the defendants, being only Chukandu sons of Mt'. Durgi, were not entitled to inherit the property left by Niku. The defendants, on the other hand, denied that they were Chukandu sons of Mt. Durgi but pleaded that they were the sons of Niku whose legally wedded wife their mother Mt. Durgi was and that therefore they were entitled to inherit his property as legal heirs. They also pleaded that the plaintiffs' suit was time barred.
(3.) THE trial Court framed two issues, one with regard to the legitimacy of the defendants as the sons of Niku and the other with regard to limitation. On both these issues the trial Court recorded findings against the plaintiffs and in the result dismissed both the suits. The District Judge on appeals by the plaintiffs in both the cases came to contrary findings on both the said issues and decreed the two suits.;

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