JAMUNA DEVI Vs. SARBATI DEVI

JUDGEMENT

(1.) THIS appeal has been instituted by the defendant, Smt. Jamuna Devi, against judgment dated 8.5.1990 passed by Additional District Judge, Faridabad, whereby he set aside the judgment and order dated 4.8.1988 passed by Sub-Judge IInd Class, Faridabad, in favour of the appellant and allowed the claim of the respondent plaintiff and decree for possession in respect of the suit land was passed against the appellant.

(2.) BRIEFLY stated, the facts are that the respondent-plaintiff, Smt. Sarbati Devi and her brother, Suraj Bhan were owners in possession in equal shares of the agriculture land measuring 78 Kanals 13 Marlas situated in revenue estate of Village Ladholi, Tehsil Ballabgarh, District Faridabad. Suraj Bhan had filed a civil suit against the respondent for declaration to the fact that he be declared as owner of the share of the respondent in the suit land as the respondent had agreed to part with her share by mutual consent. The said suit was decreed in favour of Suraj Bhan on 17.3.1973 by Sub-Judge, Ist Class, Ballabgarh and in this manner Suraj Bhan became owner of the whole of the land measuring 78 Kanals 13 Marlas. It was further alleged that Suraj Bhan had no concern with Smt. Champi and her daughter, Jamuna Devi, appellant and on the other hand, Smt. Champi had given birth to Smt. Jamuna Devi from the loins of Rattan Lal.

(3.) IT was further averred that Suraj Bhan had not executed any Will in favour of Smt. Jamuna Devi on 25.8.1971 and mutation No. 79 alleged to have been sanctioned in her favour on 22.12.1981 was illegal and wrong. With these allegations, the suit for possession of the aforesaid land was filed.