USHA DEVI Vs. SAVITRI DEVI

JUDGEMENT

(1.) By way of instant appeal, appellants have assailed judgment and decree dtd. 1/9/2008, passed by learned District Judge, Hamirpur in Civil Appeal No. 128 of 1991, whereby the judgment and decree dtd. 1/10/1991, passed by learned Sub Judge, 1st Class (II), Hamirpur in Civil Suit No. 27 of 1986 has been reversed.

(2.) Parties hereafter are being referred by the names of original plaintiff and defendants for lucidity.

(3.) Baldev Raj, the predecessor-in-interest of appellants filed Civil Suit No. 27 of 1986 on 5/2/1986 before learned Sub Judge, 1st Class (II), Hamirpur against his brother Chaturbhuj, the predecessor-in-interest of respondents No. 1 to 6 herein, seeking declaration to the effect that the suit land detailed in the plaint was jointly owned by Baldev Raj and Chaturbhuj and even the share of their deceased brother Ram Rath was jointly inherited by them. Relief of permanent prohibitory injunction was also sought on the ground that Chaturbhujhad started claiming the estate of late Ram Rath exclusively on the basis of Will propounded by him. Initially, the suit was filed only against Chaturbhuj as defendant No.1, however, later on respondent No.7 herein Kaushalya Devi got herself impleaded as defendant No.2, claiming to be the widow of deceased Ram Rath.