CHAUDHARY Vs. AJUDHIA

JUDGEMENT

(1.) The judgment and decree of learned District Judge, Bilaspur dated April 17, 1995, is under challenge in this second appeal.

(2.) The facts are few and not disputed. The land subject matter of dispute, hereinafter referred to as the 'disputed land' along with other lands was owned and possessed by Bhangi Ram to the extent of half share. The other half share was owned by Srhi Chaudhary, brother of Bhangi Ram. Bhangi Ram died some where in 1955 before coming into force of the Hindu Succession Act, 1956 (the Act for short) leaving behind his widow Ramku. After the death of Bhangi Ram, two documents were executed between Ramku and Chaudhary on March 2, 1955. First document, (Ext.DW1/B) purports to be sale in respect of the entire share of deceased Bhangi Ram in favour of Chaudhary by Ramku. Second decument (Ext.DW1/A), purports to be an agreement by which Chaudhary left 12 bighas 1 biswas of land out of the share of deceased Bhangi, for the maintenance of Ramku. It was stipulated in the agreement that Ramku will have life interest in this land and Chaudhary will be entitled to its possession after her death.

(3.) Ramku filed the suit, out of which this appeal arises, before the learned Sub Judge, Ghumarwin in March, 1984 praying for declaration that she, in view of the provisions of Section 14 of the Act, has become full owner in possession of the suit land which measures 6 bighas 16 biswas.