S.K. Mal Lodha, J. - (1.) THESE three appeals were heard together. They involve common questions and as such it will be convenient to dispose them of by a common judgment. Facts giving rise to each of these three appeals may briefly be recounted: S.B. Civil Second Appeal No. 306 of 1968: This appeal arises out of civil suit No. 129 of 1964. The suit is for arrears of rent/damages for use and occupation in respect of a shop situate in Sadar Bazar, Balotra. The plaintiffs Smt. Sander Devi and Aichukidevi pleaded that their share is 9 ¼ Annas in a rupee as they are heirs of Smt. Munni Devi widow of Meghraj. The defendant Bhanwarlal was Smt. Munni Devi's tenant in the shop Smt. Munni Devi died on February 17, 1955 and, thereafter, the defendant -tenant male no payment of the rent to the plaintiff. Arrears of rent for three years preceding the date of institution of the suit were chimed. The rent of the whole shop is Rs. 44/ - per month. The plaintiffs claimed Rs. 25.07 per month as rent of their share. It is not in dispute that the plaintiffs are step -daughters of Smt. Munni Devi, being real daughters from the first wife of Meghraj. The plaintiffs sought to recover Rs. 916.50 with pendente lite and future interest. The suit was instituted on May 6, 1964 in the court of Civil Judge, Balotra. It was admitted by the defendant that the shop was taken on rent by him from Smt. Munni Devi at an annual rent of Rs. 808/ -. It was pleaded that Asaram, who is respondent in this appeal and who is real nephew of Meghraj, is heir of Smt. Munni Devi. It was, therefore contended that the plaintiffs are not the legal heirs of Smt. Munni Devi. After trial, the learned Civil Judge decreed the suit by his judgment dated July 19, 1967. The defendant went in appeal and the learned District Judge, Balotra, by his judgment dated January 17, 1968, allowed the appeal, set aside the judgment and decree of the Civil Judge and dismissed the plaintiffs' suit Hence this second appeal by the plaintiffs. S.B. Civil Second Appeal No. 307 of 1968: This appeal arises out of civil suit No. 146 of 1964. This was a suit for the recovery of arrears of rent amounting to Rs. 1349/ - and possession of a shop situate in Balotra Juna Kot, Balotra. The original tenant was Premchand. Premchand died during the pendency of this appeal and his legal representatives respondents Nos. 1/1 to 1/5 were impleaded as parties to the appeal. After trial, the learned Civil Judge, by his judgment dated July 19, 1967, decreed the suit of the plaintiffs against the defendant for arrears of rent amounting to Rs. 1349/ - together with proportionate costs and interest at the rate of 6% per annum from the date of the suit. He however, dismissed the suit so far as it related to the relief of ejectment. Original defendant Premchand went in appeal and the learned District Judge, by his judgment dated January 16, 1968, allowed the appeal and dismissed the plaintiff's suit. The plaintiffs cross -objection was also dismissed. S.B. Civil Second Appeal No. 308 of 1968: This appeal arises out of Civil suit No. 135 of 1964. The suit was for recovery of Rs. 900/ - and ejectment from a Nohara situate in Balotra. The rate of rent is Rs. 300/ - per annum. The learned Civil Judge, by his judgment, dated July 19, 1967, decreed the suit for arrears of rent amounting to Rs. 900/ - with pendente lite and future interest. Suit relating to ejectment was however, dismissed The defendant went in appeal and the learned District Judge, by his judgment dated January 16, 1968, allowed the appeal and dismissed the plaintiffs' suit The cross objections of the plaintiff were also dismissed. This led to the filing of the second appeal by the plaintiffs.
(2.) THE plaintiff Smt. Aichukidevi died during the pendency of the second appeals and her legal representatives were substituted as appellants Nos. 2 and 3. In order to appreciate the main controversy involved in these appeals, the following facts, which are common in all the three appeals, arising out of the aforesaid three suits are these.
(3.) MEGHRAJ son of Bhaniram, Agarwal, resident of Balotra had married two wives Meghraj had two daughters Smt. Sunder Devi and Smt. Aichukidevi, who were plaintiffs in all the three suits. They were the daughters of Meghraj by his first wife. Meghraj died on September 8, 1945. Meghraj executed a will on July 31, 1945 whereby he bequeathed all his properties in favour of Smt. Munni Devi. Smt. Munni Devi is said to have made a will on December 9, 1953 in favour of Ramniwas son of Kundanmal, Agarwal of Balotra Smt. Munni Devi died on February 17, 1955. She had no issue of her own. After her death, escheat proceedings were taken on the ground that she died issueless. Ram Niwas is said to have filed an application for probate, but it was not granted. It may be mentioned here that Meghraj had two brothers: Jamnadas and Sambhuram. During the escheat proceedings, Asaram son of Jamnadas did not file any claim before the Collector. The Collector Barmer passed an order under section 6(7) of the Rajasthan Escheat Regulations Act, 1956 directing the objectors to establish their claim in civil courts. The plaintiffs preferred a revision before the Govet. against the decision of the Collector Ramniwas withdrew his claim. By order Ex. 4 dated November 27, 1975, the plaintiffs were held entitled to the properties by the Government of Rajasthan & consequently the properties were released in the plaintiffs' favour. As the defendant failed to pay any rent to anybody after the death of Smt. Munni Devi, i.e. February 17, 1955 until the institution of the suits as aforesaid were brought.;