HANS RAJ Vs. BUI

JUDGEMENT

(1.) This judgment will dispose of two second appeals, Regular Second Appeals Nos. 1146 of 1047 and 1223 of 1947. The former is by the defendants who are in possession but have been held to be trespassers and the latter is by the proprietors in the village.

(2.) The property in dispute is the estate of Dhani Ram deceased who was the last male holder and on his death it was inherited by his widow, Pesri. On the 5th of September 1931, Pesri gave birth to a daughter, who is alleged to be illegitimate and has been so held. On the 27th of May 1932. Rasila, father of one of the persons held to be a trespasser, made an application for the removal of the name of Pesri from the revenue records. This application was allowed on the 26th of July 1933.

(3.) On the 31st of July 1944, a sister of Dhani Ram, deceased, brought a suit for possession on the allegations that Pesri had remarried and her name had been removed from the revenue records and that the defendants, Hans Raj and others, had wrongly got their names entered in the revenue records and got into possession without having any rights in the property. Bui's suit succeeded and the appeal against that decrse wag also dismissed. Two appeals have been brought in this Court, one by Hans Raj and others who are alleged to be trespassers and the other by Des Raj and others who are members of the coproprietary body.