PURSHOTAM Vs. SUNIL AND ANOTHER

JUDGEMENT

(1.) This is Regular Second Appeal (RSA) against the dismissal of the suit of appellant-plaintiff by both the Courts below. The suit property was owned by defendant-Gurdevi (since deceased) who died during pendency of the suit and her legal representatives were brought on record. Gurdevi is stated to be real aunt of the appellant-plaintiff and she was issue-less. It was further stated that the defendant was residing with the appellantplaintiff.

(2.) The case set up by the appellant-plaintiff was that six months before institution of the suit on 11.01.1991, the members of the joint family entered into a family settlement in which the suit land was given to the appellant-plaintiff. Gurdevi also promised to get the ownership of the suit land changed in favour of the appellant-plaintiff. Since the defendant did not accede to the request of the appellant-plaintiff the suit for declaration was filed.

(3.) The suit was resisted by the respondents herein on the ground that the appellant-plaintiff was not member of the family of Gurdevi and the suit was filed simply to grab her property. It was rather stated that appellant-plaintiff was not related to Gurdevi.