TATIA, J. - (1.) HEARD learned counsel for the parties.
(2.) A suit for partition was filed by one Smt. Shashibala widow of Pramod Shanker in the year 1973 in the Court of District Judge, Bikaner being civil original suit no. 37/1973 (17/1977 ). According to the plaintiff Smt. Shashibala, defendant no. 1 Roop Shanker - father-in-law of plaintiff Shashibala, inherited certain properties which were never partitioned. The husband of plaintiff died on 2. 9. 1967. According to the plaintiff, since she got share in the property, which is in possession of her father- in-law Roop Shanker, therefore, she is entitled to claim share in the property and according to the plaintiff, since her husband had half share in the entire properties, therefore, she is entitled to half share in the properties which are in the hands of defendant no. 1. Defendant no. 2 - Smt. Premvati was impleaded as party as she was second wife of defendant no. 1 Roop Shanker thereby step mother-in-law of plaintiff. Both the defendants submitted common written statement before the trial court and admitted that except properties mentioned in sub-paras (a) and (c) of para no. 6 of the plaint, all properties were ancestral properties. According to defendants, the plaintiff's husband took his share in his life time and separated from undivided Hindu family of the defendant no. 1. It is said that the agricultural land was given in the share of husband of the plaintiff and, therefore, deceased Pramod Shanker, husband of the plaintiff, at the time of death had no share in the joint Hindu family property. Therefore, no property devolved upon the plaintiff. On the basis of above pleas, the issues were framed. After trial, the trial court vide judgment and decree (preliminary decree) dated 10. 2. 1982 declared that the properties mentioned in sub-paras (a), (b), (c), (d) and (e) of para no. 5 are ancestral properties and the plaintiff has 1/8th share and, therefore, she is entitled to take this 1/8th share in the properties mentioned above by partition. This judgment and preliminary decree dated 10. 2. 1982 has been challenged by defendants Roop Shanker and Premvati by filing S. B. Civil First Appeal No. 44/1982.
(3.) IT will be worthwhile to notice that Hari Shanker, son of Roop Shanker and Premvati, has not been shown as party in the judgment and decree of the trial court dated 10. 2. 1982 but he has been impleaded as party in S. B. Civil First Appeal No. 44/1982. During the pendency of the suit, appellant no. 1 Roop Shanker died on 26. 9. 1986, appellant no. 3 Hari Shanker died on 14. 4. 1993 and appellant no. 2 Premvati died on 13. 12. 2002. At this juncture, it would be appropriate to give pedegree of deceased Roop Shanker :- Heera Lal Roop Shanker Goverdhan Narmada (first wife) Premvati (second wife) daughters (1) (2) (3) Sajjan Pandey Basanti Kanchan Devi sons (1) sons (2) Pramod Shanker Hari Shanker Shashibala (wife) ;