DEVAKI RANI Vs. RANA VEER SINHA AND ANOTHER

JUDGEMENT

(1.) Heard Shri Lokendra Singh, Counsel for the appellant.

(2.) By the present second appeal filed under Sec. 100 of Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 19.5.2005 passed by the Civil Judge (Junior Division), Udham Singh Nagar in Civil Suit No. 81 of 1998 and the judgment and decree dated 27.1.2007 passed by the District Judge, Udham Singh Nagar in Civil Appeal No. 93 of 2005.

(3.) Briefly stated, a suit was filed by the plaintiff Smt. Devaki Rani praying for the decree for declaration and permanent injunction against the defendant Ranvir Sinha and the Government of U.P. According to the plaintiff, defendant No. 1 is the son of the plaintiff. The husband of the plaintiff late Dheeresh Chandra Sinha was originally belong to 'Susang Durgapiir dynasty' which was the part of Bengal and Assam till Oct., 1947. After the division, it was the part of East Pakistan and thereafter it is in Bangladesh. Therefore, the husband of the plaintiff came to India in Oct., 1947 leaving his empire. Under the Rehabilitation Scheme of Government, the husband of the plaintiff was also granted 58 acres of land in village Ramnagar, Mauja Rudrapui, Tehsil Kichha, District Udham Singh Nagar under the Government Grants Act, 1895. The husband of the plaintiff has also brought with him the 'Kuldevi Dashobhuja'. The plaintiff is looking after and worshipping the 'Kuldevi Dashobhuja'. After the death of the plaintiff's husband, his property was divided between his sons to the extent of 29 acres each. Out of his share, the defendant No. 1 has transferred khasra No. 686 area 15 bigha 14 biswa to the effect that from the income of the said land she will worship the 'Kuldevi' and earn his livelihood. The plaintiff is in possession of the said land. In paragraph 11 of the plaint, the plaintiff has stated as under:-