SWAROOP NARAIN LAXMINARAIN Vs. BHANWAR KUNWAR BAI

JUDGEMENT

(1.) THE suit lands originally belonged to one Shivprasad who died in 1986 leaving behind him his two widows, Bhanwar Kunwar Bai (plaintiff) and Rani Bai (defendant 1), as his only heirs.

(2.) IN 1951 Rani Bai brought a suit against Bhanwar Kunwar Bai alleging that the latter had remarried in 1944 and, therefore, had lost her rights in the suit property. In that suit she claimed a decree for possession against Bhanwar Kunwar bai who had been admittedly in possession of the entire property. On 17 March 1952 a decree for possession was passed in that suit in favour of Rani Bai. It appears that execution was taken out twice. The first execution was dismissed for default on 29 November 1952, and the second on 20 September 1954.

(3.) ON 3 July 1958, Bhanwar Kunwar Bai instituted the present suit against (1) Rani bai, (2) Swaroop Narain, and (3) Laxmi Narain; the latter two defendants being transferees for consideration for Rs. 5,500/, from Rani Bai. In this suit Bhanwar kunwar Bai asserts that Rani Bai had never been in possession of the suit lands, while she (plaintiff) has been in continuous and exclusive possession of the suit lands since the death of their husband. She further asserts that whatever rights rani Bai had acquired under the decree dated 17 March 1952, have been extinguished and the plaintiff has full rights, litle and interest in the suit lands and she is entitled to retain their possession. On that basis she claims a declaration that the defendants have got no right, title or interest in the suit lands and that she is entitled to retain her possession as a full owner. She further claims a permanent injunction against the defendants restraining them from interfering with her possession.