KAMLESH SHUKLA Vs. ANNAPURNA DEVI

JUDGEMENT

(1.) Heard Sri S.D. Kautilya, learned counsel for the appellants and Sri H.P. Mishra, learned counsel for the respondents.

(2.) This second appeal arises from the judgment and decree dtd. 12/9/1997 passed in First Appeal No.12/1993 (Smt. Annapurna Devi and others vs. Pt. Ram Shankar Shukla substituted by his legal heirs) by learned First Additional District Judge, Pilibhit by which learned court has allowed the appeal and set aside the judgment and decree dtd. 28/11/1981 passed by Civil Judge, Pilibhit in O.S. No.49/2007 (Ram Shankar Shukla Vs. Smt. Annapurna Devi and Harish Chandra Bajpai) holding that Smt. Ramshri Kunwar (mother of Smt. Annapurna Devi) became full owner of the property in suit by virtue of Sec. 14 (1) of the Hindu Succession Act and not a licencee.

(3.) The facts giving rise to the present appeal are in brief that Pt. Jagan Mohan Shukla was owner of movable and immovable property. He had two wives, one Smt. Ramshri Kunwar and other Smt. Saraswati Devi. Smt. Annapurna Devi was daughter of Smt. Ramshri Kunwar and Pt. Ram Shankar Shukla was son of Smt. Saraswati Kunwar. Sri Ram Shankar Shukla was represented by his son Kamlesh Kumar, daughter Smt. Indra Prakashini and Smt. Raj Mohini. During pendency of this appeal, Kamlesh Shukla also died and represented through his legal representatives. Likewise respondent Smt. Annapurna Devi died and represented through her legal representatives.