GANGA RAM Vs. SARLA

JUDGEMENT

(1.) THIS appeal is directed against judgment, decree dated 20.1.2001 passed by learned Additional District Judge, Mandi in Civil Appeal No. 71 of 1995 affirming judgment, decree dated 14.6.1995 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 121 of 1992.

(2.) THE facts in brief are that respondents had filed a suit for declaration and possession. THE pleaded case of respondents is that the land more specifically described in the plaint was owned and possessed by Khampu as per his share, who is not heard since 1981 when appellant and his father took him to Haridwar and did not return. THE whereabouts of Khampu are not known, therefore, he is presumed to be dead. THE respondent No. 1 being daughter respondent No.2 widow are heirs of deceased Khampu and entitled to inherit his estate including suit land.

(3.) THE appellant contested the suit. It has been denied that the appellant took Khampu to Haridwar. It has been denied that respondents No. 1 and 2 are the daughter and widow of Khampu. THE respondents have no right to inherit the property of Khampu. THE respondent No.2 is a married woman residing with her husband.