RAM BAHAL Vs. MST. CHHOHARI DEVI

JUDGEMENT

(1.) The facts as set forth are ; On 20-7-1979 Ram Baal and Ram Achal instituted a declaratory law suit in the Court or Sub-Divisional Officer, Basti. The pleading has set forth that Sheo Harak had three sons and two daughters. The sons expired issueless ; the last of the sons to die was Kalpnath. On his death in the year 1965 the interest in holding devolved on his two sisters ; Smt. Kalp Devi and Smt. Pran Devi. The names of two sisters, each entitled to equal share, are recorded in. Then Smt. Kalp Devi expired in the year 1972 and plaintiffs, her two sons, are successors-in-interest. The last sister Smt. Pran Devi also expired in the year 1974 without a male lineal descendant. She has only a daughter Smt. Chowara Devi, defendant here, who is a widow. On such a denouncement plaintiffs became successors-in-interest of tenure of Smt. Pran Devi. Also they came to possession. It is given out that Ram Bahal far away in service ; so taking advantage of his absence from village Ram Lochan, husband of Smt. Pran Devi, had his name, by skilful manoeuvre, recorded in. Ram Lochan, then, executed a sale-deed on 10-10-1974 favouring his daughter Smt. Chowara Devi. Her application for mutation or name is going apace. It is claimed that sale-deed is void as vendor Ram Lochan has no transferable interest. Ram Lochan is dead. Nevertheless his action casts a cloud of suspicion on their title to land. The relief to declare them bhumidhar tenant in possession is prayed for.

(2.) On 4-10-1979 Smt. Chowara Devi D/1 files her written statement. The case put forth is that on death of Smt. Kalpa Devi her interest in holding has devolved on her mother Smt. Pran Devi. Plaintiffs came to her mother be searching that share of their mother be restored. On their submissions an oral family settlement was reached in 1972. The terms agreed upon are : Plaintiffs shall have 1/2 share of their mother. However, if Smt. Pran Devi were to die first, her husband Ram Lochan shall inherit her interest in the tenure. In the event ram Lochan were to die first, she shall be successor of her mother's tenure. Also Sec. 174, Z.A. Act will govern succession in future. Such are the conditions of agreement. In due time Smt. Pran Devi dies firs, and name of Ram Lochan is recorded in. In turn he execute a sale-deed on 10-10-1974 to her. Now she is bhumidhar tenant in possession. The relies to dismiss the suit is prayed for.

(3.) On pleadings of the parties issues were formulated on 20-3-1980. Parties are given chance to lead their evidence, documental and oral. They have made their representation. On 31-12-8911 Sri S.N. Prasad, Assistant Collector First Class, enters an order dismissing the suit. Plaintiff Ram Bahal's appeal. On 16-5-1983/Sri Bhuniya Din, learned Additional Commissioner (Executive) enters an order dismissing the appeal. The second appeal is carried by plaintiff.