BHAGWAN DEVI Vs. GAYATRI DEVI

JUDGEMENT

(1.) This is a defendant second appeal against judgment and decree dated Oct. 7, 1974 passed by learned Additional Commissioner, Agra Division, Agra, dismissing appeal No. 126 of 1972-73 upholding the judgment and decree passed be Assistant Collector 1st Class, Aligarh dated Dec. 26/27, 1972 decreeing the suit of the plaintiff-respondent Smt. Gayatri Devi under Sections 229-B, 209 of Act 1 of 1951.

(2.) The plaintiff filed the suit that Badri Prasad was Bhumidhar and Sirdar of the disputed land who died issue-less leaving; the plaintiff as his widow; that her application for mutation was rejected and defendants 2 and 3 alleged to be brother of Badri Prasad and defendant No. 1 alleged wrongly to be his daughter and mutation was wrongly ordered in her favour, that defendants 2 to 5 were found in possession in the proceeding under Sec. 145 of Criminal Procedure Code, hence the suit for declaration with relief for possession.

(3.) The suit was contested by defendant No. 1 who alleged that the plaintiff was not the widow of Badri Prasad and worked as a labourer in the village that she being daughter of Badri Prasad and his heir.