KHUMNA Vs. GOVIND DAS

JUDGEMENT

(1.) THIS is a second appeal under Section 100 C.P.C. Arguments on the question of admission heard.

(2.) THE first appellate Court reversing the judgment and decree of the trial Court has held that the lands in dispute belong to the plaintiffs and the defendants have been restrained from interfering with the possession of the plaintiffs on these lands. The registered sale -deed dated 14.8.1985 executed by defendant No. 2 Kutiawali in favour of defendant No. 1 Khumna in respect of half share in these lands has been declared to be void.

(3.) THE first appellate Court after appreciation of the documentary and oral evidence has held that Parma Kurmi alone was holding the Patta of the lands in dispute. That Patta is Ex.P/1. It was granted on 1.6.1939. Punna was brother of Parma and he was not having any rights in the lands in dispute. Defendant No. 2 Kuitawali is widow of Punna. She had re -married before the year 1956 to Bhaggu and defendant No. 1 Khumna is her son through Bhaggu. The first appellate Court has also held that Punna died sometime in the year 1930 -31 and therefore his widow did not inherit the share of Punna, if he had any. It has been further held that on re -marriage the widow was divested of her rights in the property of her former husband Punna.