SHAKUNTLA DEVI Vs. RAI SINGH AND OTHERS

JUDGEMENT

(1.) The following substantial questions of law arise for consideration in the Regular Second Appeal:

(2.) The Second appeal is against the judgment reversing the decision of the trial court granting a decree for joint possession of the land measuring 26 bighas and 7 biswas of land out of 210 bighas 19 biswas described in the head note of the plaint. The plaintiff had averred that her husband Jai Pal, the latter's his father Jiwan Singh and three brothers Rai Singh, Jai Singh and Satpal Singh were members of Hindu Joint family and the property belonged to the family as joint family property. The husband was reported to have died about 16 years prior to the institution of the suit on 23.3.1984-. The father-in-law Jiwan Singh died on 16.8.1979. After the death of the father-in-law it appears that the brothers-in-law namely the defendant Nos. 1 to 3 offered to pay maintenance at the rate of Rs. 2,000/- per month and handed over to the petitioner a room for living and also given a buffalo for her share. The document in writing appears to have been made on 6.8.1980. The plaint averment bear out that the plaintiff sought for enforcement of the agreement by the defendant but since the objection had been taken at the Registry for receiving an unregistered document that purported to relinquish her share in immovable property, the plaintiff withdrew the suit and came with her own suit for possession claiming a right of 1/8th share in the property being the widow of Jaipal Singh.

(3.) The suit was resisted by the defendant contending that she had already given up her right in the property through a family settlement and right to her share in the property was not justified. The defendant also set up a Will said to have been executed by Jiwan Singh on 18.12.1967 bequeathing the property to defendant Nos. 1 to 6 and that therefore the plaintiff was not entitled to any share in the property.