VISHNU PRAKASH Vs. SHEELA DEVI

JUDGEMENT

(1.) These appeals are by the defendants. The facts, in brief, leading to filing them are the following.

(2.) Sheela Devi filed five suits - OS Nos. 55 of 1965, 56 of 1965, 57 of 1965, 58 of 1965 and 59 of 1965 - against the defendants for ejectment and possesssion of the suit properties from tenants or licensees or trespassers as the case may be. Plaintiff claimed to be the widow of late Chaudhari Suraj Prasad.She had married him according to Arya Samaj rites on 8-7-1951. Chaudhari Suraj Prasad died on 11-1-1953. After his death she filed application for mutation in respect of agricultural property, the land and zamindari inside the district of Orai; mutation was made in her name; the zamindari compensation was also paid to her. Kalavati as sister and Gopal Das as collateral of Chaudheri Suraj Prasad claimed the suit properties.

(3.) All the five suits were dismissed by the trial Court and the first appeals filed by the plaintiff against the common judgment and decrees of the trial Court were dismissed. The second appeals, filed by her, were allowed by the impugned common judgment of the High Court. The said second appeals were contested only by the heirs of Gopal Das, who had expired. Kalavati or the other tenants and occupants of the properties did not contest them having not put any appearance.