GIAN SINGH AND OTHERS Vs. SHANTI

JUDGEMENT

(1.) This is plaintiffs' regular second appeal against the judgment and decree of the Additional District Judge whereby judgment and decree of the trial Court has been set aside thereby dismissing the suit filed by the plaintiffs.

(2.) Briefly put, one Hirda Ram was owner of the land indispute. Hirda was murdered on 19.7.1966 who left behind plaintiffs and defendant was his heirs. Both set of parties, namely, plaintiffs as well as defendant claimed themselves to be legal heirs of Hirda Ram. Mutation in respect of the land left was sanctioned in favour of the plaintiffs as well as defendant in equal shares which fact was challenged by the plaintiffs contending that the defendant being an illegitimate daughter had no right to inherit the property left by him and so filed the present suit.

(3.) Defendant in her written statement challenged the factum of marriage of Chameli with Hirda Ram and further stated that the plaintiff Nos. 1 to 3 are neither sons nor daughter of Hirda Ram. Smt. Chameli was stated to be not legally wedded wife of Hirda Ram.