RAM KALI Vs. SUMITRA

JUDGEMENT

(1.) THIS is defendants second appeal directed against the judgment and decree dated 27 -1 -1975 passed by the Ist Additional District Judge, Unnao, whereby he decreed the plaintiffs suit after setting aside the judgment and decree passed by the learned Munsif, Unnao, who had dismissed the suit of the plaintiffs.

(2.) THE suit was filed by Chaudhari Rajendra Shanker for declaration that he is owner of the house in suit and the sale deed dated 18 -10 -1965 executed by defendant 2, Smt. Kamlawati, in favour of defendant 1, Smt. Ram Kali, is not binding on him, Chaudhry Rajendra Shanker died during the pendency of the suit and his legal representatives were brought on record. The admitted pedigree is as under:

(3.) RAM Ratan Lal was the original owner of the house in suit. He executed a will on 4 -1 -1921 through which he conveyed right of residence in favour of defendant 2. Smt. Kamlawati, during her lifetime with respect to the said house. The property was thereafter to vest in Rajendra Shanker and Prahlad Singh. It was alleged that defendant 2, Smt. Kamlawati, could not transfer the house in suit, Prahlad. Singh, brother of deceased plaintiff, died in 1922 and his widow Smt. Bittan died in 1966 and hence Rajendra Shanker alone had the vested interest in the suit property. Smt. Kamlawati executed a sale deed in favour of defendant 1, Smt. Ram Kali, on 18 -10 -1965. On receiving information about the said transfer the present suit for declaration about the rights was filed as it affected the interest of the plaintiff.