SOMWATI Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) IN the writ petition the contesting opposite party no. 5 Niadar had claimed tenancy right being brother of the original tenure-holder Kedhera on the ground that he was his real brother and that the present petitioner had remarried one Renuwa, hence she lost right in the disputed property and that the opposite party no. 5 Niadar continued in possession over the disputed property since the time of remarriage of the present petitioner, hence she acquired right in the disputed property on the basis of adverse possession for more than statutory period.

(2.) THE petitioner had contested the suit of the opposite party no. 5 in the present writ petition with the allegations that she had not remarried and that she continued in possession over the property of her husband and various other pleas were taken to negative the claim of the contesting opposite party Niadar in the present writ petition.

(3.) THE learned counsel for the contesting opposite parties has tried to support the impugned judgment. According to him the second appellate court was fully justified to accept the finding of fact that the petitioner had remarried and on that finding the plaintiff's suit was rightly decreed.