RAM KUNWAR AND ORS. Vs. BANSI AND ORS.

JUDGEMENT

(1.) THIS appeal by defendants under Section 100 CPC is directed against the judgment and decree dated 19/2/2007 in civil appeal No. 19A/2006 confirming the judgment and decree dated 13/3/2006 in civil suit No. 43A/2005. Plaintiffs' suit for declaration and permanent injunction has been decreed and counter claim for declaration and permanent injunction filed by defendants no.1 to 3 has been rejected.

(2.) ADMITTED facts are to the effect that the suit land is an agricultural land, as described in para 2 of the impugned judgment, and over 2/3rd part thereof plaintiffs no.1 and 2 and over 1/3rd part defendants no.1 and 2 are the Bhoomiswami and in possession. Defendant no.1 is the wife of Kunja and defendant no.2 is the daughter of Kunja, defendant no.3 is the subsequent vendee, who acquired right, title and interest of suit land by registered sale deed dated 27/6/2005 executed by defendants no.1 and 2 to the extent of 1/3rd of survey no.749. Plaintiffs no.1 and 2 are the real brothers of Kunja.

(3.) DEFENDANTS filed written statement and denied plaint allegations. It is denied that defendant no.1 had been living separately from Kunja. Since her parents house was at Gwalior, therefore, she has been frequently visiting to Gwalior, but it has been denied that for last 15 years preceding to the death of Kunja she had no marital relationship with him or not residing with him. It is denied that there was a Will executed by Kunja in favour of plaintiffs, as he was not keeping good mental and physical health. Counter claim was also filed seeking declaration that defendants no.1 and 2 being the natural heir of Kunja are entitled to succeed the share to the extent of 1/3rd of the entire land after his death. With the aforesaid pleadings, suit was prayed to be dismissed and counter claim to be decreed.