LAWS(MPH)-2016-6-163

RAMPYARI @ PUSHPABAI Vs. RAMCHARAN AND OTHERS

Decided On June 13, 2016
Rampyari @ Pushpabai Appellant
V/S
Ramcharan And Others Respondents

JUDGEMENT

(1.) The second appeal u/S. 100 of CPC filed by the appellant assails the concurrent findings of both the courts below whereby suit for decree of declaration of ownership and permanent injunction in respect of an agricultural piece of land, has been rejected.

(2.) Learned counsel for the rival parties are heard.

(3.) The basic facts giving rise to the instant appeal are that the plaintiff Rampyari alias Pushpa Bai is the wife of Harishankar who died on 6.2. 2003. Anandi lal was the father of late Harishankar who also died about 4 to 5 years before the impugned judgment was pronounced by the first appellate court. Anandilal has two sons defendant no. 2 and late Harishankar whereas defendants no. 3 and 4 are daughters of late Anandilal. Defendant no. 5 is the wife of Anandilal. Defendant no. 1 is the brother of late Anandilal. Babulal who was another brother of late Anandillal predeceased the institution of the suit. Defendants no. 6 to 10 are all legal heirs of late Babulal.