SURJEET SINGH Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 05.09.2000, passed by Additional District Judge, Udham Singh Nagar, in Civil Appeal No. 78 of 1999, whereby said court has dismissed the appeal, and affirmed the judgment and decree dated 20.09.1999, passed by the trial court [Civil Judge (Junior Division) Khatima] in Suit No.168 of 1989.

(2.) HEARD learned counsel for the parties, and perused the lower court record.

(3.) DEFENDANTS contested the suit and filed their written statements (Defendant No. 3 Manohar Singh died during the pendency of the suit, and his name was later deleted). In the joint written statement filed on behalf of the defendants, it is stated that though registered "Will" dated 27.01.1981 was executed by Amar Singh in favour of the plaintiff, but thereafter, on 09.02.1989, a subsequent "Will" was executed by him, as such, the "Will" dated 27.01.1981 carried no force. It is also pleaded by the defendants that the they are in actual possession of half of the land in suit and are cultivating it. It is also stated that only on remaining half portion of the land in suit, plaintiff Shanti Devi is in possession. It is denied that the defendants have attempted to dispossess the plaintiff from the land in suit in her possession. The defendants also took the legal pleas that the suit is barred by Section 331 of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. They further pleaded that the suit is barred by Section 49 of Uttar Pradesh Consolidation and Holdings Act, 1953. They also pleaded that the suit is bad for non-joinder of Smt. Harbans Kaur.