gopikabai claims that she being the daughter of smt.
appeal by special leave from the judgment and decree dated 10 7 68 of the madhya pradesh high companyrt in second appeal number 3773 of 1962.
the defendants case as laid in the written statement was that the suit property being an agricultural holding in view of section 4 2 of the hindu succession act the inheritance to the estate of smt.
sarji.
on punjyas death the holding devolved on punjyas widow smt.
k. sanghi a. g. ratnaparkhi and g. l. sanghi for the appellant.
sarji smt.
respdt.
the judgment of the companyrt was delivered by sarkaria j. this appealing directed against a judgment of thehigh companyrt of madhya pradesh.
it is alleged by the plaintiff that bhajya and sonu defendants took forcible possession of the suit land after the death of smt.
sarji has arisen between the parties.
gopikabai wife of mukundrao shown in the above pedigree table filed a suit in the companyrt of the civil judge multai against the defendant appellant bhajya and sonu respondent 2 for possession of bhumiswami rights in the land companyprised in khasra number.31 and 166 in the area of village kuthkhedi tehsil multai district betul madhya pradesh.
nahar hari singh v. dukallun 2 and sitabai v. kothulal 2 were cited.
the plaintiff respondent smt.
hence this appeal by special leave.
apart from possession the plaintiff claimed rs.
the trial companyrt decreed smt.
r. lalit y. n. ganpule and yeena devi mrs.
civil appellate jurisdiction civil appeal number 2415 of 1968.
ghusya died before the settlement of 1918 and thereafter this land was held by his son punjya who died in the year 1936.
180/ as damages for the crop removed by the defendants.
both the parties claim on the basis of hindu law.
sarji died on numberember 6 1956 and thereupon this dispute about the inheritance to the land left behind by smt.
sarji who died on numberember 6 1956 will number be governed by the provisions of that act but by mitakshra school of hindu law according to which the defendants are entitled to suit land to the exclusion of the last male holders sisters daughter the plaintiff.
number 2 deft number 1 smt.
in the result the plaintiffs appeal was allowed and the decree of the trial companyrt was restored.
the suit land originally belonged to ghusya son of dewaji.
sarji gopikabai wife of mukundrao pltff.
1 smt.
the following is the genealogy of the parties dewaji jiwaji dhondya ghusya wife jhuli shioba shyam punjya turji last male wd o janaji holder sonu bhajya deft.
khanna for the respondent number 1.
