SHAM LATA Vs. PRAN NATH

JUDGEMENT

(1.) This is a regular second appeal filed by the plaintiff against the concurrent judgments and decrees of the courts below, whereby, her suit for possession in respect of agricultural land measuring 40 kanals 11 marlas along with vacant place, has been dismissed by the Courts below.

(2.) Plaintiff-appellant has set up a case pleading that Sawan Ram, son of Telu Ram, was the original owner of the land in question and he died issueless on 30.9.1982. Sawan Ram had a sister, namely, Punni Devi @ Subhro, who was married to one Kanhiya Lal, son of Nathu in village Rampur Tehsil and District Kurukshetra. Punni Devi and her husband Kanhiya had expired, leaving behind their son Ram Sarup. Plaintiff has claimed herself to be the daughter of Ram Sarup and Ram Sarup and his wife (mother of the plaintiff) have also expired and in this way, the plaintiff claims herself to be the sole legal heir of deceased Sawan Ram, who will succeed the estate of Sawan Ram in the absence of any legal heir and collateral. The suit land has been claimed to be the ancestral Joint Hindu Family property. Deceased Sawan Ram had been on visiting terms with the plaintiff and was having cordial relations with the parents of the plaintiff. The plaintiff is resident of Chandigarh and it has been claimed that deceased Sawan Ram had visited Chandigarh in 1981 to condole the death of father of the plaintiff. The mother of the plaintiff died on 13.8.1991 and information to this effect was also sent to Sawan Ram (deceased) for attending the bhog ceremony. Later on, the plaintiff found that that Sawan Ram had died in the year 1982 and the factum of his death was never informed to her mother or to any other habitant of village Subhri. In the year 1993, the plaintiff came to know about the death of Sawan Ram and the properties left behind him. After visting village Subhri and contacting the revenue official, factum of the properties having been mutated in the name of the defendant on the basis of forged and fictitious Will dated 7.6.1971 came to the fore.

(3.) It has been pleaded by the plaintiff that deceased Sawan Ram had no blood relation with the defendant, nor was living with him. Sawan Ram was having adequate income from agricultural pursuit, which was sufficient to support him.