AUDHAR Vs. CHANDRAPATI

JUDGEMENT

(1.) A common judgment is being passed in these two appeals as the subject matter of dispute in both of them is the same. Civil Appeal No. 6302 of 2001 has been preferred against the judgment dated 24.8.1998 passed by the learned single Judge of the Allahabad High Court in Civil Misc. Writ Petition No. 678 of 1979. Rejection by order dated 09.12.1998 of Review Petition No. 54933/98 filed by the appellants against the said judgment has given rise to connected Civil Appeal No. 6303 of 2001.

(2.) THE facts of this case are many and somewhat complicated but the question of law involved is a short one.

(3.) BEREFT of unnecessary details, the relevant facts are as under- The main ancestor of the parties named Duggan was survived by four sons viz., Prag, Tulsi, Narain and Ram Saran. Narain died issueless. The elder son - Prag left behind a son named Abhilash. Abhilash died in the year 1922 leaving behind widow Akashi. She died in 1951. The lands in dispute constituting her alleged th share were gifted by her during her lifetime on 02.5.1945 in favour of her two daughters namely Mitia and Basanti. Contest ing respondents- Chandrapati and Manner are sons respectively of Mitia and Basanti and they now claim th interest in all the properties left behind by Parag and his son - Abhilash.