PIARI NARAIN DUT Vs. VIRAN DEVI

JUDGEMENT

(1.) THE dispute in this second appeal relates to agricultural land, measuring 9 Bighas 12 Biswas, situate in village Dhandlan, Tehsil Jhajjar, District Rohtak. The parties to this litigation are Gaur Brahmans. Their short pedigree table is given below:-SHADI | ________________________________|________________________________ | | Net Ram Preetu | =shrimati Surjan Narain Datt (widow) =shrimati Piari | (widow) plaintiff Shrimati Veeran | defendant Nawal

(2.) THIS property was held by Preetu, on whose death, it was mutated in favour of his widow Surjan. She died on 1st August, 1954, and after her death, it was mutated in the name of her daughter Veeran. This mutation was effected on 9th June, 1959. In March, 1960, Piari brought a suit for a declaration that the mutation of this land in favour of Veeran was wrongly sanctioned, because under the law, she was entitled to succeed to the property of Preetu as she was the widow of Narain Dutt, a second degree collateral of Preetu. Some other allegations were also made by her but we are not concerned with them in the present second appeal.

(3.) THE suit was resisted by Veeran. She challenged the locus standi of the plaintiff to bring the suit and averred that she was not an heir of Preetu. It was also said that the plaintiff had performed Karewa with one Suraj Bhan and on that account she had lost her rights, if any, in the property.