GOKUL RAM Vs. SHIV JOKHAN SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondents.

(2.) Present second appeal is filed against the judgment and decree dtd. 18/4/1978 passed by the IVth Additional District Judge, Jaunpur in Civil Appeal No.8 of 1978 affirming the judgment and decree dtd. 10/12/1973 passed in Original Suit No.222 of 1970.

(3.) The facts of the case, in brief, are that Sri Deep Narain was Sir holder of an agricultural land. He died issue-less on 18/8/1950 and, hence, the property was inherited by his wife Mst. Phool Kumari. Though there was a dispute with regard to the date of death of Mst. Phool Kumari, as plaintiffs-respondents claimed that date of death is 12/8/1954 while the defendants-appellants claimed that date of death is after 10/10/1954, but both the courts have given finding of fact that she died on 12/8/1954. The said finding is on the basis of a substitution application filed after the death of Mst. Phool Kumari in an earlier proceeding before the High Court and, hence, is not disputed before this Court during course of arguments by the appellants.