BARU Vs. RATIA

JUDGEMENT

(1.) This is defendant's regular second appeal.

(2.) Plaintiff and defendant are the sons of Kehru from two different wives. The name of the mother of plaintiff is Muthari whereas the name of mother of Baru is Dakhan. After the death of Kehru, Muthari performed Kareva marriage with Sheo Chand who was owner of 1/6th share in the land measuring 459 kanals 16 marlas. This share was inherited by Smt. Muthari and so she became owner of the land. She died in August, 1969. It so happened that the mutation was sanctioned in the name of the plaintiff and defendant in equal share. It is with a view to correct this error which crept in the register of mutation that the plaintiff filed a suit for possession claiming himself to be the full owner of the property left by Smt. Muthari, her mother.

(3.) The suit was contested by the defendant. According to him, Sheo Chand had a daughter named Dhampa. According to the defendant, on the death of Muthani, the whole of the property owned by her through her husband Sheo Chand had gone to Smt. Dhampa as she was the only heirs of Sheo Chand. It is further the case of the defendant that in a family settlement Smt. Dhampa had given the suit land to the defendant while the remaining share was given to the plaintiff.