MST. RAMPATI Vs. MST. DHUPPA AND ORS.

JUDGEMENT

(1.) This is a Defendant's second appeal from the decree of the Second Additional Civil Judge, Varanasi reversing that of the Munsif, Haveli, Varanasi and decreeing the Plaintiff -Respondent's suit for a declaration that she is the sole owner of a house and for the ejectment of the Appellant from it.

(2.) The parties are relations. The Plaintiff -Respondent Smt. Dhupa alleged that the house in dispute belonged to her maternal grand -mother Kaleshwari and that when Kaleshwari died she left two grand daughters as her heirs - -the Plaintiff and her sister Smt. Panna. She further alleged that her sister Panna was wealthy, whereas she (the Plaintiff) was poor and that Smt. Panna was residing in West Bengal and did not oppose the Plaintiff's claim to the exclusive ownership of the house. She further alleged that the second and the third Respondents were the sons of a deceased grandson of Smt. Kaleshwari and not entitled to succeed to the property and that the fourth Defendant was the widow of that grand son and also not entitled to succeed. She further alleged that the last named four Defendants were in possession of the property to which they were not entitled. She, therefore, asked for a declaration of her title as the full owner to the exclusion of all others and for the recovery of possession after the ejectment of the aforesaid four Defendants.

(3.) The sister Smt. Panna did not enter appearance and the suit was decided against her. The other four Defendants resisted the suit and denied the Plaintiff's title. They alleged that the house did not belong to Smt. Kaleshwari but her husband Peeru. They admitted that the house was purchased in the name of Smt. Kaleshwari but alleged that the transaction was benami and the real purchaser was Peeru himself. They contended that on Peeru's death Smt. Kaleshwari, his widow, succeeded and on her death they (the contesting Defendants) inherited the property.