TARA WANTI Vs. SHANTI

JUDGEMENT

(1.) THIS is the defendants' appeal filed in the year 1997. It has been called out twice, but no one came present on behalf of the parties. Since the matter is old, it is being taken up for decision.

(2.) SMT . Shanti, present respondent No. 1, filed a suit for declaration to the effect that she was owner in possession of the land which had been fully detailed in the head note of the plaint. It was pleaded that one Harpat was owner in possession of this property to the extent of 1/4th share and he died leaving behind him respondent No. 1 as the sole legal heir. Consequently, she inherited this property and continues to be the owner in possession of the same. It was further pleaded that respondent No. 1 had obtained the copy of the jamabandi with an intention to sell her share and it was at that time, that she came to know that after the death of Harpat, Karma had got a mutation sanctioned in his name in respect of this property and thereafter, it was sanctioned in the name of Chunni and after her death, it was sanctioned in the names of the appellants i.e. Tarawati and Thambu. It was in this background that respondent No. 1 sought a declaration to the effect indicated above.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court :-