RAGHBIR Vs. BHARTO DEVI AND OTHERS

JUDGEMENT

(1.) Petitioner has assailed order dated 17.08.2015 passed by Civil Judge (Junior Division), Kurukshetra whereby application for giving direction for DNA profile of plaintiff-Bharto Devi with Chander Bhan sought by defendants No.2, 4 to 10, 12 to 17, 20, 21, 23 to 32 was declined.

(2.) Plaintiff-Bharto Devi filed a suit for declaration and joint possession with a consequential relief of permanent injunction on the ground that father-in-law of the plaintiff namely Bullu Ram was owner in possession of the land in question. Said Bullu Ram died on 06.11969. Mutation of inheritance was sanctioned in favour of his sons and daughters. Plaintiff was widow of pre deceased son of Bullu Ram namely Ram Sarup who died in the year 1965. Plaintiff being widow of pre deceased son of Bullu Ram was entitled to ⅛th share in the property left by Bullu, but in the mutation, the name of the plaintiff was not entered as legal heir of Bullu. In this way, she was deprived of her ⅛th share in the property of Bullu in both the villages namely Kanipala and Shadipur Sahidan. Revenue record was also assailed by the plaintiff.

(3.) Moden son of Bullu and Bakhtawari, Bhagti and Sona have also died. Defendants No.4 to 7 are legal heirs of deceased Moden, defendants No.8 to 14 are legal heirs of deceased Bhagti daughter of Bullu, defendants No.15 to 19 are legal heirs of deceased Bakhtawari and defendants No.20 to 22 are legal heirs of deceased Sona daughter of Bullu.