KRANTI & OTHERS Vs. RAJBIR

JUDGEMENT

(1.) These are two connected appeals bearing RSA No.1991 of 2012 titled Kranti etc. versus Rajbir and RSA No.1992 of 2012 titled Babu Ram etc. versus Rajbir, arising out of two suits which were consolidated by the trial Court and were disposed of by single judgment. Both first appeals arisen out of the two suits were also decided by common judgment by the lower appellate Court. These two appeals are also, therefore, being disposed of by this common judgment.

(2.) One suit was filed by Kranti etc. four daughters of Puran whereas the other suit was filed by Babu Ram etc. three sons of Puran. Plaintiffs of one case were proforma defendants in the other case and viceversa. However, Kranti etc. were transposed as plaintiffs in the suit of Babu Ram etc. Both the suits pertain to inheritance of suit land from Kamlesh. Plaintiffs of both the suits claimed to be nearest collaterals of Kamlesh and therefore, claimed to be her only natural legal heirs. On the other hand, respondent Rajbir (defendant No.1 in both the suits) pleaded that he had been serving Kamlesh like her son and she had given her suit land to him for cultivation during her lifetime. Respondent-Rajbir also set up registered Will dated 01.03.2000 executed in his favour by Kamlesh and accordingly claimed to have inherited the suit land.

(3.) Both the courts below have dismissed both the suits giving rise to the instant second appeals.