KRISHANA DEVI Vs. MOHINDER NATH

JUDGEMENT

(1.) This facts giving rise to this appeal are that the present appellant Smt. Krishna Devi field a suit, which has given rise to this appeal, for joint possession to the extent of half share in the land in dispute situated in village Shezadpur, Tehsil Naraingarh. According to the allegations in the plaint, Joti Ram deceased, husband of the plaintiff and the defendants (now respondents) were owners of 142 bighas of land situated in village Shezapur. Joti Ram had half share in the land. Joti Ram had willed away the above land in favor of the plaintiff and therefore, after his death, mutation of inheritance was sanctioned in her favour. Consolidation proceeding took place in the at village in 1962. The defendants in collusion with the consolidation authorities got the suit land entered in their names exclusively while the remaining land of the parties was still joint.

(2.) According to the plaintiff, the said partition of land effected by the consolidation authorities is invalid for the reasons given in the plaint and, therefore, it was not binding upon her and consequently she was still owner of half share in the land in dispute.

(3.) The defendants contested the suit and pleaded that Joti Ram had died in 1966 or 1967 leaving behind 4 sons, 2 daughters and the plaintiff as his widow and, therefore, she alone was not entitled to file the suit; that during consolidation proceedings, land in dispute was allotted to them and the plaintiff filed objections before the Deputy Director and Director, Consolidation of Holding and her objections were dismissed and that the Civil Court had no jurisdiction to question the orders of the consolidation authorities.