KAMLA DEVI Vs. VIMAL KUMAR JAIN

JUDGEMENT

(1.) S. K. Phaujdar, J. This second appeals directed against the judgment and decree dated 24-5-1996 passed by the VIIth Additional District Judge, Kanpur Nagar, in Civil Appeal No. 98 of 1992 whereby he had reversed the judgment and decree dated 29-5-92 recorded by the IInd Additional Civil Judge, Kanpur Nagar, in Suit No. 3 of 1971 decreeing the suit of the plaintiffs against the defendants (present respondents. ).

(2.) THE suit was brought before the Civil Judge originally by Smt. Rewti Devi, widow of Lala Chiranji Lal, making, amongst others, Smt. Kamla Devi, a co-widow, a respondent. Subsequently, on the death of Smt. Rewti during the pendency of the suit Smt. Kamla Devi was transposed as a plaintiff.

(3.) THE first three respondents preferred Civil Appeal No. 98 of 1992. No. cross appeal or cross objection was preferred by Harish Kumar Khandelwal. In this first appeal the learned Judge found that there was only one legal issue in the suit as to whether, on the death of Chiranji Lal, his heirs became tenants-in- common or joint tenants. He held that his heirs became joint tenants and in his view when the right of one amongst several joint tenants was determined up to the High Court, it was binding on all other joint tenants. THE learned Judge was further of the view that the learned court below recorded a wrong finding on a supposition that they were tenants-in-common. Accordingly the suit was dismissed. In the judgment there was a further observation that Smt. Kamla Devi had made a admission that she had approached the High Court in that earlier suit and the first appellate Judge held that upon this admission it must be held that Kamla's rights were also determined and so the suit was barred by limitation.