NAND KISHORE Vs. RAM SINGH

JUDGEMENT

(1.) THE instant appeal is directed against the reversing judgment of the first appellate Court dated 22th September, 2001 passed in Civil Appeal No. 6 -A/1991 & 14 -A/1992 setting aside the judgment and decree dated 29th November, 1989 passed in Civil Suit No. 47 - A/1984..

(2.) THIS Court vide order dated 26/04/2008 had admitted the appeal on the following substantial question of law: -

(3.) DEFENDANT No. 1 Vaide by filing written statement has denied the plaint allegations and took the stand that Ramsingh was not the son of Harru and Deva. Deva also ceased to be the wife of Harru. It was claimed that only defendant Vaide and deceased Kalia are the daughters of Harru. It was further asserted that during lifetime of Harru, plaintiff No. 2 Deva divorced Harru and married to one Julla as per the prevailing customs. From the wedlock of Julla and Harru, plaintiff No. 1 Ramsingh was born. On such premises, defendants claimed that neither the plaintiff No. 1 nor the plaintiff No. 2 have any right in the suit property left behind by Harru. After the death of Harru, sole survived heir is defendant No. 1 Vaide only as another daughter Kalia has already been died. Hence, defendant No. 1 Vaide is the sole owner of the suit land owned and left behind by Harru. The suit land is in the name of defendant No. 1 Vaide and she is in the cultivating possession. The defendant No. 1 has also taken a stand that even otherwise she has perfected the title over the suit land by adverse possession.