DEEP CHANDRA Vs. SHAKUNTLA

JUDGEMENT

(1.) Heard Shri Kamlesh Kumar Gangwar, learned counsel for the appellant and Shri Dinesh Mishra holding brief of Shri A.K. Gupta, learned counsel for the respondents.

(2.) The plaintiff had filed a suit for permanent injunction against the defendant. The plaint allegation was that she is owner in possession of the disputed land having half share in the Bhumidhari plot nos. 269 area 0.32, 313 area 0.20, 385 area 0.18, 354 area 1.10, 415 area 0.50, 437 area 0.43, 540 area 0.15, 696 area 0.10, 711 area 0.17, 712 (M) area 0.11, 763 (M) area 0.02, 809 area 1.14, 810 area 1.10, 817 area 0.66 and 857 area 2.60 acres of village Medpur, Pargana Kampil, District Farrukhabad and plots no. 13 area 0.032, 48 area 0.174, 105 area 0.069, 211 area 0.085, 267 area 1.125 and 120 area 0.032 hectares of village Alipur, Pargana Shamshabad, West, district Farrukhabad. The plaintiff alleged that suit property initially belongs to Jai Ram who had two sons Deep Chandra and Chandra Prakash. After the death of Jai Ram, the suit property devolved upon widow Smt. Sumitra Devi and two male lineal descendant, namely, Deep Chandra and Chandra Prakash (sons of Jai Ram). The plaintiff is widow of Chandra Prakash. At the time of filing of the suit, Jai Ram Sumitra Devi and Chandra Prakash had died. The plaintiff claimed half share in the property being widow of Chandra Prakash and on the basis of said claim she prayed for permanent injunction restraining the defendant Deep Chandra from interfering in her possession and use of disputed land .

(3.) The defendant resisted the suit on the basis of registered Will deed dated 9.1.1979 alleged to have been executed by his mother Sumitra Devi of her share in the immovable and moveable property. He further pleaded that plaintiff Smt. Shakuntla wife of Chandra Prakash remarried and living with her brother- in-law, namely, Dev Pal as his wife. As a result of which the defendant is owner in possession of entire suit property.