BADRI Vs. JATA SHANKAR

JUDGEMENT

(1.) Heard, Shri Amit Srivastava, learned counsel for the appellants and Shri Shobh Nath Pandey, learned counsel for the respondents.

(2.) The instant Second Appeal under Section 100 of the Civil Procedure Code is by the appellants/plaintiffs against the judgment and order dated 05.03.2011 passed by the Additional District Judge, Court No.8, Faizabad in Civil Appeal No.87 of 2008;Jata Shankar and another Versus Badri and others, which was preferred by the defendants/respondents for setting aside the judgment and order dated 29.07.2008, passed by the 3rd Civil Judge (JD), Faizabad in Regular Suit No.248 of 1989;Bhagwan Das and others Versus Smt.Raji and another.

(3.) The brief facts of the case for adjudication of the present Second Appeal are that both the appellants/plaintiffs and the respondents/defendants are the residents of the same village and they were the members of Hindu joint family. Jorai was the owner of the whole property in dispute. After death of Jorai it came in the name of Mahangi, the eldest son of Jorai. After the death of Mahangi it was mutated in the name of Jagesar. Mahangi, Dubar, Lahuri and Rohni took over their possession according to their shares. Lahuri died issueless, therefore, his share was divided among all the brothers. Smt. Raji had equal share in whole property. Jagesar had entrusted his whole property in his life time to Ram Sumer, Chhedo, Bhagwan Dass and Ram Lal, but they had no right to sell the property. It was ordered by Jagesar that they will serve Smt. Raji. She was also issueless. As such they were the heirs of her property, but they had not got their names recorded in the revenue records. Smt.Raji was remarried and after her marriage they had become the owner of her property. Any how she wanted to grab the property of deceased Jagesar and transfer the house and agricultural land to others. After death of Smt.Raji her servant Bhagauti claimed himself to be heir through her Will. While she had never executed any Will and Bhagauti had no possession and right over the land in dispute.