KHAZANI Vs. HEM CHANDER KHARI

JUDGEMENT

(1.) We have heard learned counsel for the appellant at the preliminary hearing of this appeal, who has taken us through the entire record of the trial court.

(2.) This first appeal has been preferred by the plaintiff against the judgment and decree passed on 15.10.1998 by Shri Lal Singh, Additional District Judge, Delhi in suit No. 264/90 decreeing her suit for declaration to the effect that plaintiff Shanti Devi has inherited 1/2 share in the residential property ad-measuring about 500 sq. yards from out of land comprised in Khasra No. 361/2, situate in village Sultanpur, Tehsil Meh- rauli, New Delhi. The plaintiff/appellant has felt aggrieved against that part of the judgment and decree by which her suit for the reliefs prayed has been dismissed.

(3.) One Ramji Lal son of Nathan, was co-bhumidar in agricultural land situate in village Sultanpur, Tehsil Mehrauli, New Delhi and an absolute owner in possession of single storey residential house comprised in an area of about 500 sq. yards from out of land comprised in khasra No. 360/1-2 situate at Sultan Pur, New Delhi. Ramji Las ex- pired on 28.1.1983. Mutation of inheritance was sanctioned on 30.3.1983 in favour of Hem Chander, respondent, as his son. Feeling aggrieved by the order of attestation of mutation Smt. Khazani and Shanti Devi, widow and daughter respectively of Ramji Lal filed suit on 15.1.1996 claiming a degree for declaration in their favour against the defendant to the effect that khazani Devi, widow of the deceased had inherited bhumidari rights of Ramji Lal and the defendant had acquired no right, title or inter- est on the basis of attestation of mutation. Foundation for the suit was that the defen- dant Hem Chander was not born to plaintiff Khazani from the lions of Ramji Lal. Sanction of mutation was bad, illegal and void and of no consequence since notice of the proceedings was not served.