RAJINDER SINGH Vs. VIDYA DEVI

JUDGEMENT

(1.) Background : The defendants of the suit are before this Court in the present second appeal, assailing the judgment and decree passed by the learned Additional District Judge, Hisar dtd. 29/10/1997, whereby the appeal filed by the plaintiff-respondent Smt. Vidya Devi (respondent herein) was accepted; the judgment and decree dtd. 8/2/1995 passed by the learned Trial Court of Sub Judge 1st Class dismissing the suit were set aside, and the suit for declaration was decreed.

(2.) For the sake of convenience and to avoid confusion, the parties are being referred to as per their status before the Trial Court. The Trial Court record, as available on the DMS, has been perused.

(3.) Admitted facts : The factual matrix emerging from the record is that one Harchand had three sons, namely Richhpal, Bhagwana and Naurang, besides three daughters, namely Chandrapati, Lakshmi and Basanti. The plaintiff Smt. Vidya Devi is admittedly the daughter of Bhagwana, who was married to Smt. Sarti Devi (proforma defendant No.4). Defendant No.2 i.e. Kulwant Rai is the son of Naurang, whereas defendant No.1 Rajinder Singh is the natural son of Kulwant Rai and defendant No.3 Smt. Tarawanti.