SMT. LAKHI DEVI Vs. RAGHU RAJ SINGH

JUDGEMENT

(1.) This second appeal by Smt. Lakhi Devi is against the order of Additional Commissioner dated 8-8-1995 whereby he orders dismissal of appeal again the order of trial Court dated 7-6-1994 an order of decreeing the suit of Raghuraj Singh in an action at law under Sec. 229-B, Z. A. and L. R. Act.

(2.) The facts as appear from the exposition in the pleadings are : On 3-7-1982 Raghuraj Singh institutes a law-suit under Sec. 229-B, Z. A. and L. R. Act in the Court of Assistant Collector, First Class Manjhanpur, Allahabad. He pleads be was sole tenant in possession, without intruding interest of any, as a co-tenure-holder. The defendant Smt. Lakhi Devi, his daughter used to live with her husband in his household; enjoying his utter confidence. On 28-10-1981 he has executed a sale of 1/2 share of the holding in favour of Rohit Singhs, defendants 2 to 6, and has let them into possession. This entails a non-formal division of holding : 1/2 share goes to purchasers : the remaining 1/2 share continues with him. On taking an extract of current Khatoni he was started to discover the name of Smt. Lakhi Devi entered in : fraudulent action brought about by her husband Udai Singh. He has never agreed to co-opt his daughter as a co-tenant; nor for entry of her name is records. The relief of a declaration that he is co-Bhumidhar tenant in possession with defendants 2 to 6 of suit land is prayed for.

(3.) The land in suit are 16 plots area 16.19.11 dhurs.