SUKHA DEVI Vs. MITHILESH KUMARI

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THE plaintiff-respondent No. 1 instituted Original Suit No. 253 of 1983 against the defendants for the decree of declaration with the allegation that Smt. Kiran Devi-defendant No. 4 is not a legally wedded wife of Late Lal Singh, father of the plaintiff that the plaintiff being the only daughter of Late Lal Singh is the sole heir to the property of her father. In the suit prayer was made for mandatory injunction to the effect that order of mutation in favour of Smt. Kiran Devi dated 7.2.1980 or of any other date be declared null and void and not binding upon the plaintiff. A prayer for cancellation of alleged sale deed dated 28.7.1980 executed by Smt. Kiran Devi in favour of defendant Nos. 1 to 3 holding it to be null and void and not binding upon the plaintiff, was also made. In the alternative it was prayed that Court may declare that the sale deed in question is subject to the maintenance and expenses for the marriage of plaintiff and for permanent injunction that the defendants be restrained to interfere in the peaceful possession of the plaintiff.

(3.) AGGRIEVED by the aforesaid judgment dated 12/3/2008, the defendants No. 1 to 3 filed Civil Appeal No. 6 of 2008; Smt. Sukha Devi and others v. Mithilesh Kumari, against the judgment and decree passed by the trial Court before the Additional District Judge, Anoopshahar(Buland Shahar) which was dismissed on 19/2/2010.