INDRA BAHADUR SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) One Ganesh Singh S/o Shri Lal Singh was the bhumidhar of plot Nos. 14-A, 15, 16, 17, 18, 29, 35-B, 38, 51-B and 52-A of the Khata No. 120 area 35 bighas, 7 bishwas and 12 bishwansi situate at village Gorakhpur Mallah, Paragana and Tehsil Haldwani, District Nainital. Shri Ganesh Singh expired in the year 1950 leaving behind him his two widows, namely, Smt. Amrita Devi and Smt. Hira Devi. Their names were accordingly mutated in the revenue record as co-sharers of the aforesaid plots. The Petitioners are the sons of Smt. Radha Devi who is the sister of late Ganesh Singh. The Petitioners filed a suit under Section 229-B/209 of the U.P. Zamindari Abolition and Land Reforms Act for declaration of their names in the revenue records and for eviction of the Respondents from the land in dispute alleging that Smt. Amrita Devi, widow of late Ganesh Singh had remarried and consequently, after her re-marriage, she had No. right and interest in the property in dispute left by Shri Ganesh Singh and that the entire property devolved upon Smt. Amrita Devi and, upon her death, the Petitioners were entitled to the property in question as the legal heirs. It was also alleged that Smt. Amrita Devi had also executed a registered Will dated 12th May, 1955 in favour of the Petitioners and, consequently, on the aforesaid two grounds the suit was filed for declaration.

(2.) Before the Trial Court, it has come in evidence that Smt. Hira Devi had remarried during the pendency of the proceedings. Smt. Hira Devi filed an application for interrogatories about the date, time and marriage of her with Prem Singh. The Petitioners duly replied to the aforesaid interrogatories. The Respondents thereafter filed an application that since the reply of the Petitioners was evasive, the suit of the Plaintiff should be dismissed under Order XI, Rule 21 of the Code of Civil Procedure The Trial Court, after considering the submission of the learned Counsel for the parties, dismissed the application of Smt. Hira Devi and held that sufficient reply was given by the Petitioners.

(3.) Aggrieved by the order of the Trial Court dated 20th June, 1981, the opposite parties filed an appeal before the Commissioner which was allowed by an order dated 19th April, 1985. The Appellate Court not only allowed the appeal but also dismissed the suit of the Plaintiffs under Order XI, Rule 21 of the Code of Civil Procedure.