RAM KALI Vs. SOHAN LAL

JUDGEMENT

(1.) The following short pedigree-table will be helpful in understanding the facts of this case :-

(2.) The facts are not in dispute. Sohan Lal, Shrimati Sohan Devi and Kishni are the children of Devi Singh from Shrimati Tejo. After the death of Devi Singh, Tejo contracted Karewa with one Bansi. Out of this wedlock, one daughter Shrimati Ram Kali was born. The property in dispute, measuring 15 Kanals and 4 Marlas, situate in village Babhalpur, District Gurgaon, admittedly belonged to Bansi and after his death, Tejo succeeded to it. In November, 1963, Sohan Lal brought a suit for joint possession regarding 1/4th share in the said property against Ram Kali, Sohan Devi and Kishni. His allegations were that the property belonged to his mother Tejo and he was entitled to 1/4th share in it. The remaining 3/4th belonged to the three defendants in equal shares.

(3.) The suit was mainly contested by Ram Kali defendant No. 1. Her case was that the plaintiff had no right to succeed to this property, because he was the son of Tejo from Devi Singh and the property in dispute belonged to her father Bansi, and therefore, she alone was entitled to it. After her mother Tejo contracted Karewa with Bansi, she lost all her connections with Devi Singh's family.