SHANTI DEVI AND ORS. Vs. KAUSHALIYA DEVI

JUDGEMENT

(1.) Civil Appeal No. 7011 of 2015

(2.) We have heard the learned Counsel for the parties and perused the papers on record.

(3.) This is the second round of litigation between the parties. In the first round, Ram Narayan, father of Respondent Kaushaliya Devi, instituted Original Suit No. 277/66 on 16.12.1966 before Munsif, Gonda. In said suit, Ram Narayan pleaded that the Defendant (predecessor in title of the present Appellants) was his tenant, and the tenancy was terminated vide notice dated on 02.11.1966. The Defendant disputed title of the Plaintiff. And after full trial, the suit was dismissed on which, Ram Narayan preferred Civil Appeal No. 107 of 1973. The same was also dismissed on 20.04.1977 with the observation that since issue of ownership of the Plaintiff is disputed, and relationship of landlord and tenant between parties not proved, as such, the Plaintiff was at liberty to file fresh suit on the basis of ownership. Thereafter, unsuccessful Plaintiff (Ram Narayan) started fresh litigation by filing Original Suit No. 45 of 1980 against Ram kali (predecessor in title of Appellants) and Gauri Shanker seeking declaration of title and damages. This suit was also contested, and after recording the evidence and hearing the parties, the same was dismissed vide judgment and decree dated 21.07.1987 (Annexure P-1). On which the Plaintiff filed Civil Appeal No. 124 of 1987. During the pendency of the appeal, Defendant Ram Kali died, and her legal representatives were substituted. Thereafter Appellant Ram Narayan (original Plaintiff) died on 14.12.1994. Since no substitution by his heirs was sought in the appeal filed before first appellate court, as such, the appeal stood abated on expiry of ninety days of death of Plaintiff-Appellant, and ultimately the appeal was dismissed in default on 21.03.1997.