KISHAN LAL Vs. GINDORI

JUDGEMENT

(1.) THIS regular second appeal is directed by the plaintiff against the judgment and decree dated 10.4.1980 passed by the Additional District Judge, Gurgaon, whereby he accepted the appeal of the defendant (respondent) and reversed the judgment and decree passed by the trial Court in favour of the plaintiff on 24.11.1979.

(2.) BRIEFLY stated, the facts are that Bijay Singh s/o Mangal Singh and Smt. Bholi were owners of 1/25th share of agriculture land measuring 75 K 12 M as detailed in para No. 1 of the plaint alongwith all other rights pertaining to it as per Jamabandi for the year 1976-77 situated in the revenue estate of village Bas Lambi, Tehsil and District Gurgaon. However, Bijay Singh died unmarried about 9 years prior to the institution of the suit on 18.7.1978 and the appellant (plaintiff) being father's brother of deceased Bijay Singh was the nearest heir and was entitled to succeed to his estate including the suit land.

(3.) IT was next averred that the parties were Ahirs by caste and were dependent upon agriculture for their livelihood and were governed by agricultural custom according to which a widow after performing Karewa loses all her rights in the estate of her deceased husband and his family. As such she had lost all her rights in the estate of her husband Murli and had further no right of inheritance in the estate of Bijay Singh, Mangal Singh or any other family member. However, she claimed herself to be the mother of Bijay Singh and in collusion with the revenue authorities got the mutation sanctioned in her favour on 30.3.1978 in respect of the suit land.