BIRJINIYA Vs. MARRY

JUDGEMENT

(1.) This is plaintiff's second appeal under Section 100 of the Code oF Civil Procedure against the judgment 6f reversal.

(2.) Plaintiff filed suit for declaration of title as also possession. Civil Judge, Class II, Jashpurnagar by judgment and decree dated 22.7.1978 passed in Civil Suit No. 29A/77 decreed the suit. Defendants aggrievled by the same preferred appeal and the Additional District Judge, Jashpurnagar by judgment and decree dated 13.3.1990 passed in Civil Appeal No. 36A/87, allowed the appeal and dismissed the plaintiff's suit. Plaintiff being aggrieved by the same has preferred this appeal and by order dated 3.12.1990, appeal has been admitted on the following substantial question of law: "Whether, the plaintiff as married daughter and sole heir of her father Lukas, who died in the year 1973, is entitled to inherit, to the in exclusion to respondents, all the properties left by him (Lukas) and which Law of Succession would apply to the parties ?"

(3.) According to the plaintiff the suit land was acquired by Soma, who had three sons, namely, Lukas, Fransis and Joseph and the plaintiff is the daughter of Lukas, who is dead. Defendants are the heirs and successors in interest of Fransis and Joseph. According to the plaintiff, after the death of Lukas, name of his second wife, namely, Baronika was recorded in relation to the suit land and after she died issueless plaintiff's name has been recorded. It is the assertion of the plaintiff that her name has been recorded in relation to one-third share of Lukas, but a dispute was raised by the defendants and accordingly plaintiff was asked to get his title declared by a competent Civil Court. Accordingly, plaintiff filed the suit for declaration of title and possession.