MAN SINGH Vs. AMAR DAS

JUDGEMENT

(1.) Appellant Man Singh, having lost before the trial Court and the first Appellate Court, is in second appeal under Section 100 of the Code of Civil Procedure.

(2.) The facts necessary for the disposal of this appeal may be noticed:

(3.) Subject matter of dispute is the land described fully in para 3 of the plaint, hereinafter, referred to as "disputed land". Hari Singh, Bhuria and Narainu were owners of this land to the extent of 1/ 3rd share each. Plaintiff Room Ram is son of Hari Singh whereas Man Singh is son of Liaq Ram defendant No. 2 and grand -son of Bhuria. On the death of Narainu on 4.1.1952 his share was mutated in favour of Suini as his widow. Dis -satisfied with this mutation, plaintiff Room Ram along with defendant No.l Deep Ram, (another son of Bhuria, who was deleted from the array of defendants on his death) and Liaq Ram father of defendant Man Singh filed a suit before the leaned Senior Sub Judge, Mahasu, on 24.3.1952 in terms of suit No. 18/1 of 1952. This suit was for declaration, that mutation No. 97 mutating the share of Narainu in favour of Suini was null and void and for the cancellation of that mutation. This suit was decreed exparte on 10.1.1953 by the then Senior Sub Judge, Mahasu. The mutation was declared to be cancelled. It was the case of the plaintiff and defendants that Suini was not the widow of deceased Narainu as she was released (divorced) by her husband Narainu. As a result of cancellation of the mutation of inheritance of l/3rd share of Narainu in favour of Suini, plaintiff and defendants No. 1 and 2 became the owners of the disputed land to the extent of 1/2 share each i.e. plaintiff 1/2 share, defendants Liaq Ram and Deep Ram 1/2 share (in equal shares).