AMIN LAL Vs. SHRIMATI RAM PIARI AND OTHER

JUDGEMENT

(1.) THE Plaintiffs filed the suit out of which this appeal has arisen against Smt. Ram Piari widow of Sarupa and Ors. for possession of the land measuring 70 Kanals 10 Marlas, situate in village Allika, tehsil Palwal, district Gurgaon. This land was owned and possessed by Smt Nanhi widow of Paltu and Smt. Ram Piari, defendant 1. Smt. Nahni died in September, 1953 and the plaintiffs brought the suit on the ground that they were entitled to inherit 3/4th share of the land while Budh Ram and Hirde, defendants 2 and 3, were entitled to inherit the remaining 1/4th share, according to Hindu Law, but the mutation of the entire land had been effected in favour of Smt. Ram Piari. Defendant 1. Budh Ram and Hirde. defendants 2 and 3, were alleged to be colluding with Smt. Ram Piari defendant 1, in order to deprive the plaintiffs of their rights in the land. Consolidation of holdings took place in the village as a result of which the 1 and described in para 5 of the plaint had been given to Smt. Ram Piari in lieu of the land which was owned by her and Smt. Nanhi deceased. The plaintiffs prayed for possession of 3/4th of the land as detailed in para 6 of the plaint.

(2.) DEFENDANTS 2 and 3 were proceeded against ex parte and defendant 1 alone contested the suit. She pleaded that she was a preferential heir to Salt. Nanhi's estate as against the plaintiffs and that the suit was barred by time. It is admitted on bath sides that the plaintiffs. are 10th degree collaterals of Paltu husband of Smt Nanhi while Smt. Ram Piaris the widow of Saruba, 6th degree collateral of Paltu. On the pleadings of the parties, the learned trial Court framed the following issues:

(3.) WAS Nanhi an absolute owner of the property and what is its effect ?