DEVI RAM Vs. SHANTI DEVI

JUDGEMENT

(1.) BY this judgment, I will be disposing of a Regular Second Appeal of Devi Ram plaintiff-appellant and the cross-objections of Shanti Devi defendant-respondent. Learned first appellate court had accepted appeal of Shanti Devi-defendant against the decretal of suit by trial Court and dismissed the suit but while doing so, it also recorded a finding that the defendant-respondent was also not entitled to inherit any share in the property left by Smt. Badami.

(2.) IN the suit, plaintiff had claimed a declaration to the effect that he is owner in possession of the land in dispute, due to being legal heir of Smt. Badami and also on the basis of a Will made by her in his favour on 7.5.1946 "in a partition File No. 20 decided on 7.5.1946". He had also claimed consequential relief of permanent injunction restraining the defendant from interfering in his possession over the land. Pedigree-table of the plaintiff, as given in the plaint, was as under :-

(3.) SUIT was contested by the defendant denying all the averments made in the plaint. According to her, the mutation was validly sanctioned. In the alternative, she claimed that she had become owner of the suit land by adverse possession.