NIMMO DEVI Vs. MANNI DEVI

JUDGEMENT

(1.) THIS revision petition has been instituted by Smt. Nimmo Devi and Smt. Om Devi daughters of Mota Ram against order dated 28.11.2000 passed by the Additional District Judge, Ferozepur whereby their application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal was dismissed and consequently, the appeal was also dismissed as barred by limitation.

(2.) BRIEFLY stated, the facts are that Smt. Manni Devi respondent (plaintiff) filed a civil suit for fixation of maintenance at the rate of 1000/ - per month and also for creating a charge on the immovable property of her husband Mota Ram i.e. land measuring 212 Kanals 3 Marlas fully detailed in the head of the plaint situate at village Maujgarh, Tehsil Abohar, as per Jamabandi for the year 1987 -88 and also claimed the relief of permanent injunction for restraining him form alienating any portion of the above mentioned land. Along with the suit, an application was filed under Order 33 Rule 1, C.P.C. for permission to sue as an indigent person. The said application was allowed vide order dated 18.11.1986 and it was ordered to be registered as a suit.

(3.) IT was next averred that initially Rawat Ram and Mota Ram who were real brothers were owners of the land measuring 212 Kanals 3 Marlas and after the death of Rawat Ram his share was inherited by his widow Smt. Sunderan Devi but she also died after some time and upon her death the mutation of inheritance of 1/2 share bearing No. 866 was sanctioned in favour of Mota Ram and thus, Mota Ram became owner in possession of while of the land measuring 212 Kanals 3 Marlas.