R.S.SARKARIA - (1.) THIS appeal is directed against a judgment of the High Court of Madhya Pradesh.
(2.) THE following is the genealogy of the parties : JUDGEMENT_542_2_1978Image1.jpg Smt. Gopikabai wife of Mukundrao, shown in the above pedigree-table, filed a suit in the Court of the civil Judges, Multai, against the defendant-appellant, Bhajya, and Sonu, respondent 2, for possession of Bhumiswami rights in the land comprised in Khasra Nos. 31 and 166 in the area of Village Kuthukhedi, Tehsil, Multai, District Betul, Madhya Pradesh. The suit land originally belonged to Ghusya son of Dewaji. Ghusya died before the Settlement of 1918, and thereafter, this land was held by his son, Punjya, who died in the year 1936. On Punjya's death, the holding devolved on Punjya's widow, Smt. Sarji. Smt. Saroji died on 6/11/1956, and thereupon this dispute about the inheritance to the land left behind by Smt. Sarji, has arisen between the parties. Both the parties claim on the basis of Hindu Law.
(3.) THE plaintiff-respondent, Smt. Gopikabai, claims that she being the daughter of Smr. Turji, a sister of the last male holder, Punjya, is an heir under S. 15 read with S. 2 (II) (4) (iv) of the Schedule referred to in S. 8 of the Hindu Succession Act, 1956, whereas the defendants' claim as sapindas of the last male holder under Mitakshara Law. It is alleged by the plaintiff that Bhajya and Sonu, defendants, took forcible possession of the suit land after the death of Smt. Sarji. Apart from possession, the plaintiff claimed Rs. 180.00 as damages for the crop removed by the defendants.;