SHANKARLAL Vs. MAHILA RAMDAI

JUDGEMENT

(1.) This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 24/08/2000, passed by Second Additional District Judge, Morena in Civil Appeal Nos.13-A/97, 14-A/1997 and 3A/1998 arising out of the judgment and decree dated 11/10/1996, passed by Second Additional Civil Judge, Class-I, Morena in the consolidated suits bearing Civil Suit No.1-A of 1995 & 2-A of 1995.

(2.) The necessary facts for disposal of the present appeal in short are that the respondents No. 1 and 2, namely, Smt. Ramdai and Sheela filed a Civil Suit No.2A of 1995 against the appellant as well as respondents No. 3 & 4, namely, Dayaram and Manmohan for declaration of tittle and permanent injunction. Shyamlal, Devi and Jagannath were made defendants but their names were subsequently deleted from the cause title. It was the claim of the respondents No.1 & 2 that respondent No.1 Smt. Ramdai is the legally- wedded wife of Jagannath, whereas respondent No.2 is the daughter born out of the wedlock of the respondent No.1 and Jagannath. It was the claim of the respondents No.1 and 2 that the appellant was born out of wedlock of Kunwar Devi and Adiram and had no relation with Jagannath. Thus, it is pleaded that the respondents No.1 and 2 are the legal representatives of Jagannath and, therefore, after death of Jagannath, they had became ''Bhoomiswami'' of the survey nos. 457, 470, 522, 523, 525, 526, 692 and 948 situated in Village Dhanela, Patwari Halka No.51, Tahsil and District Morena. Thus, a suit for declaration of title and permanent injunction was filed.

(3.) Respondent No.3 Dayaram submitted his written statement denying the claim of the respondent Nos. 1 and 2. Dayaram also instituted another suit i.e. Civil Suit No.1-A of 1995 original civil suit no. 28-A of 1987) against the appellant as well as the respondents No.1 and 2 for possession and mesne profit in respect of the suit land. It was further claimed that Jagannath executed a ''Will'' dated 2/11/1997 in his favour and by virtue of the same, he became ''Bhoomiswami''. It was further claimed that he was forcibly dispossessed by the appellant in the year 1985. A Criminal Case No. 113 of 1985 was registered in the Court of SDM, Morena and the appellant by order dated 08/07/1985, was allowed to retain the possession of the suit land.