DAULAT RAM Vs. SMT. SHANTI DEVI

JUDGEMENT

(1.) The essential facts set forth are : On 28-2-1980 Smt. Shanti institutes a lawsuit under Sec. 229-B, Z.A. and L.R. Act in the court of Assistant Collector First Class, Bulandshahr. The pleading has set forth that she is co-bhumidhar in possession of the land; that her share is 1/2 in the holding ; the joint share of defendants Daulat Ram and Smt. Kela is 1/2. A pedigree illustrates the relationship of the co-tenure-holders. The land is ancestral. On Hukum Chand dying heirless, his interest in the holding devolves on his brother Tulsi. On the death of Tulsi his interest passes on his widow Smt. Maya Devi. On death of Smt. Maya Devi she has inherited the interest and is co-bhumidhar tenant in possession. Smt. Maya Devi had died in 1973 and she has succeeded as daughter ; her share is 1/2 in the joint holding. In consolidation she discovers that her mother's name is not noted as a tenant; she lodges an objection then and there. In consequence she was declared co-tenant with the consent of co-tenure-holders. Even so the record reveals that her name is not mutated in C.H. Forms despite the order. In addition she learns that Smt Kela has instituted a suit for partition only against Kanchi's and without her impleadment. In fine, her motion for impleading; this is allowed. On her appearance, Smt Kela did not persue the suit and on 4-2-1980 let it be dismissed. The relief of a declaration as co-tenant in possession she prays the court for; a declaration too for 1/2 share in the holding.

(2.) On 5-4-1980 the State of U.P., in a written statement, emphatically refutes Smt. Shanti. Further, a plea of bar under Sections 27 (2) and 49, C.H. Act are pleaded. It is pleaded that suit is barred under Sec. 34 (5), Land Revenue Act. The relief to dismiss the suit is prayed for.

(3.) On 20-5-1980 defendants Kanchi, Daulat Ram and Smt. Kela, in a joint written statement, repudiate a claim of succession of Smt. Shanti to the share of Hukum Chand and Tulsi. Outright denial is that she is daughter of Maya Devi from her husband Tursa. Some more relationship in the pedigree is contested. It is claimed Dilsukh had four brothers ; the 4th was Jamuna. They are denying that on death of Hukum Chand and Tulsi their share had gone to Bhim Sen. Their stance is categorical that Tulsi has pre-deceased Hukum Chand and so the share of Hukum Chand has devolved on Bhim Sen. Suit. Shati nowhere inherits an interest in the holding. It is admitted that Smt. Maya Devi has died in 1973. Her interest goes to Bhim Sen, he because tenant of absolute interest, it is disclaimed that ever they had given a consent for mutation of Smt. Shanti's in consolidation. The relief to dismiss the suit they pray the court for.