RAM PIARI Vs. HUKKAM DEVI

JUDGEMENT

(1.) This is defendant's appeal against the judgment and decree of the Additional District Judge reversing in appeal the judgment and decree of the trial Court whereby the suits of the plaintiffs were ordered to be dismissed.

(2.) Briefly put, Radha Kishan and one Sawan were owners of the shop in dispute. Radha Kishan mortgaged his share of the shop on 9.4.1992 for Rs. 343/ - with Sh. Ali Baksh but he remained, in possession thereof as a tenant under mortgage. The suit filed by Radha Kishan for redemption was decreed on 1.12.1947 and in execution proceedings be obtained possession on 27.4.1948. According to the case of the plaintiffs, on the death of Radha Kishan, they have succeeded to the estate of deceased being his daughters. According to the plaintiffs, Charan Dass defendant No. 2 is in wrongful possession of the shop in dispute and the vacant site since 27.6.1983. It is further the case of the plaintiffs that Sawan Ram died issueless and Smt. Ram Piari is not the heir of said Sawan. The defendants contested the 'suit controverting the allegations made in the plaint. By way of preliminary objection, it was stated that the plaintiffs have no locus standi to file the present suit as they are not daughters of Radha Kishan; that the suit is not within limitation; that the defendants are in possession of the property; and that the suit is bad for non -joinder of necessary parties.

(3.) On the pleadings of the parties, following issues were framed: -