PARSHOTTAM Vs. BOARD OF REVENUE ALLAHABAD

JUDGEMENT

(1.) One Devi Din was the common ancestor of the parties who had three sons Tulsi, Shyam Nath and Shyam Sunder.

(2.) Parshottam (since deceased), petitioner herein, claimed himself as son of Tulsi and therefore, he claimed his share in the property left by Devi Din, his ancestor. This issue has been set at rest finally and now no longer is in dispute that the petitioner is son of Tulsi. Shyam Nath died issue-less leaving behind no heirs.

(3.) The respondents herein represents the branch of Shyam Sunder who instituted suit No. 169 of 1966 against Parshottam giving rise to the present petition alleging that he is the exclusive owner in possession of the property in dispute left by Devi Din in view of the family settlement arrived at between the parties dated 1st of May, 1957. The said plea did not find favour either with the trial Court or with the First Appellate Court. Consequently, the Courts below dismissed the suit and the first appeal by the judgments dated 19th of August, 1968 and 30th of April, 1974 respectively.