KANSHI RAM Vs. JAWANTRI (DECEASED) THROUGH LRS

JUDGEMENT

(1.) The present Regular Second Appeal at the instance of the appellant-defendant is directed against the judgment and decree dtd. 1/10/1988, whereby, suit of the respondent-plaintiffs dismissed by the trial Court, has been decreed.

(2.) The plaintiff-Jawantri sought the declaration to be exclusive owner being the legal heir of father Gainda son of Chhaju in respect of land measuring 80 kanals referred to in the plaint (hereinafter called "suit land"). It was alleged that Gainda, father of the plaintiff was married to Shibi, his wife and out of loin, Jawantri was born. On demise of Gainda, the land was mutated in the name of mother of Gainda as mother of the plaintiff, pre- deceased Gainda. Shibi died in the year 1952. After her demise, mutation of aforementioned land, was effected in the name of Buli, who was not heir of Shibi but she managed to obtain the mutation. On the basis of her alleged Will dtd. 13/9/1965, the defendant-Kanshi Ram got the mutation of suit land alongwith other property of Buli in his favour, therefore, all these transfers were not binding upon the plaintiff as Buli had no right to execute the Will. It was disclosed that plaintiff had earlier filed the suit but the same was permitted to be withdrawn in view of order dtd. 26/11/1977, liberty was granted by the Lower Appellate Court to file fresh suit.

(3.) Defendant no.1 opposed the suit by denying that plaintiff was related to Gainda or Shibi or Bool Chand @ Buli. The earlier suit of the plaintiff and Sher Singh was dismissed by the trial Court on 15/2/1976. The suit was barred by law of limitation as per the provisions of Article 65 of the Limitation Act, 1963 (hereinafter referred to as "1963 Act").