SAVITRI DEVI Vs. NIRMALA DEVI

JUDGEMENT

(1.) PRESENT regular second appeal being RSA No. 306 of 2000 has been filed by the original Appellant Savitri Devi, now represented by her legal representative, (hereinafter also referred as the Plaintiff), against the judgment and decree of the court of the Learned District Judge, Kinnaur, dated 22.11.1999, whereby the appeal filed against the judgment and decree of the Learned Sub Judge, Rampur, dated 30.6.1986, dismissing the suit of the Plaintiff, was allowed partly and the suit was partly decreed.

(2.) A regular first appeal being RFA No. 176 of 2000 was also filed by Savitri Devi against the judgment and decree dated 22.11.1999, passed by the Learned District Judge, Kinnaur in Civil Suit No. 2 of 1999/91.

(3.) BRIEFLY stated, the facts of the case are that Plaintiff Savitri Devi filed a suit for eviction as against Defendants, as an indigent person. It was alleged that the land comprised in Khara No. 470, which was entered as Banjar in the revenue record, was shown in the name of Smt. Rani Sahib Dhadi Shanti Devi, widow of late Raja Padam Singh and in possession of Bashindgan Chak and now denoted by new khasra No. 568/470. It was alleged that out of the above mentioned land, a portion of the land being Khasra No. 470/1 was sold to late husband of the Plaintiff, namely, Basant Ram by Smt. Rani Sahib Dhadi Shanti Devi through her power of attorney Thakur Durga Singh in the year 1963 for a consideration of Rs. 1,000/ - and the possession was also delivered to late Basant Ram. Thus, the husband of the Plaintiff remained in possession of the suit land and planted apple trees. The Plaintiff alleged that she is legally wedded wife of late Basant Ram and No. other marriage was solemnized by late Basant Ram and the Plaintiff was the only wife of her husband, who died in the year 1972 and till his death, the suit land was being cultivated by husband and wife jointly. In the year 1972, after the death of Basant Ram, the Defendant came forward and posed herself to be the wife of late Basant Ram and claimed possession of the suit land, which resulted in dispute and initiation of proceedings under Section 145 Code of Criminal Procedure, in which the Defendant was adjudicated to be in possession of the suit land vide order dated 25.9.1978 passed by SDM, Rampur, and she was put in possession of the suit land without any right, title and interest. It was alleged that the Defendant had no right, title or interest to possess the land of Basant Ram as she is not the wife of Basant Ram and the Plaintiff is the only legal heir of deceased as his widow. The cause of action accrued on 25.9.1978 when the Defendant was put in possession, hence the suit filed by the Plaintiff.