CHANDERAWALI Vs. DEVI SINGH

JUDGEMENT

(1.) The present appeal has been preferred by the defendant-appellants challenging the judgment and decree dtd. 12/12/1991 passed by the First Appellate Court whereby the judgment and decree dtd. 18/9/1990 passed by the Trial Court dismissing the suit of the plaintiff-respondents has been reversed and the suit has been decreed.

(2.) For appreciating the point in issue in the present case the following pedigree table is being reproduced :

(3.) The plaintiff-respondents filed the present suit for declaration that they were co-owners of land comprised in Khewat No.83 of revenue estate of Village Ladpur. Sarjit Singh, the predecessor-in-interest of the plaintiff-respondents was the owner of the land. After the death of Sarjit Singh, his property was inherited by his two sons, namely, Mit Lal and Leo Ram. On the death of Mit Lal the property was inherited by his sons, namely, Devi Singh and Risal Singh. Risal Singh died on 4/11/1944 leaving behind his widow defendant-appellant No.2 - Chanderawali. It was averred in the plaint that Chanderawali (defendant-appellant No.2 herein) contracted a karewa marriage with Chandgi Ram son of Leo Ram on 7/11/1945 and that a female child was born from the wedlock, however, the child died. Thereafter, Chandgi Ram died in 1956 and Chanderawali (defendant-appellant No.2 herein) left the village and settled in village Mitrean in Delhi with her parents. It was further the case set up that as a result of the karewa marriage, the property of Risal Singh would be inherited by the plaintiff-respondent No.1 and that Chanderawali (defendant-appellant No.2 herein) would have no right, title or interest in the property. The suit was filed on 9/2/1987 and it was averred that the plaintiff-respondent No.1 - Devi Singh - was an illiterate person and that he came to know that the land stood in the name of Chanderawali (defendant-appellant No.2 herein) and that she had sold the land by way of a sale deed dtd. 23/8/1984 in favour of Chandrawali daughter of Leo Ram (defendant-appellant No.1). The suit was filed challenging the right of Chanderawali (defendant-appellant No.2 herein) in the suit property on the ground that she had contracted a karewa marriage with Chandgi Ram. In the written statement filed by Chanderawali (defendant-appellant No.2 herein) it was admitted that Risal Singh had died in 1944. It was denied that she had contracted a karewa marriage with Chandgi Ram. It was further averred that in a suit for pre-emption which was filed qua a sale made by her the plaintiff-respondent No. 1 - Devi Singh - had himself appeared as a witness. Chandrawali daughter of Leo Ram (defendant-appellant No.1) was proceeded against ex parte. Replication was filed. On the basis of the pleadings, the following issues were framed :