KAUSHALYA Vs. MAHESHWARIDIN AND 3 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused the record.

(2.) Original suit no. 315/2008 was filed by original plaintiff Ramadhin with averment that disputed house no. 33/35 was in the ownership of Late Ram Ashrey who was cousin brother of plaintiff. It was further pleaded that after death of Ram Ashrey, the whole of the dispute house came in ownership and possession of plaintiff Ramadhin but cause of action arose for the suit when defendants had tried to interfere in the plaintiff's possession of disputed property without any right or title.

(3.) During pendency of the said Smt. Kaushalya, wife of Raja Ram, was impleaded as plaintiff no.-2 in the suit. This Kaushalya Devi was widow of grandson of uncle of plaintiff. But at the time of impleadment of name of Kaushalya Devi, it was never pleaded in plaint by way of amendment or otherwise that plaintiff no.-2 Kaushalya Devi had any right title or interest in this disputed property or she had any cause of action for the suit against defendants. During trial plaintiff no.-1 Ramadhin died and suit was carried out by only remaining plaintiff no.-2 Kaushalya Devi.