CHANDRAVATI DEVI Vs. PREMLAL

JUDGEMENT

(1.) This second appeal has been filed at the instance of plaintiff who has lost from both the Courts below.

(2.) The plaintiff filed suit for declaration and injunction in respect of the suit property, the description whereof has been mentioned in para 1 of the plaint. The contention of plaintiff in the plaint is that the said house was owned by one Premlal (defendant No. 1) who has sold the suit property to plaintiff by registered sale deed dated 19-10-1984 (Ex. P/1). In para 2 of the plaint, it has been specifically pleaded that by virtue of relinquishment deed dated 7-7-1964 executed by Rarn Bai (defendant No. 3), Premlal (defendant No. 1) has derived, right, title and interest in the suit property and in this manner Premlal became owner of the suit property and he sold it to the plaintiff. During the pendency of the suit, defendant No. 3 Ram Bai died and her name was directed to be deleted from the cause title of the plaint.

(3.) Except, defendant No. 5 Smt. Mangi Bai, all other defendants after service did not appear as a result of which the suit was proceeded in ex parte against them. In para 2 of the written statement, Smt. Margi Bai (defendant No. 5) did not specifically deny the due execution of relinquishment deed dated 7-7-1964 in favour of defendant No. 1 Premlal.