RATTAN LAL Vs. ROOP DEVI

JUDGEMENT

(1.) This is the plaintiff's appeal against the judgment and decree of the learned Appellate Court affirming the judgment and decree of the learned trial Court dismissing the suit instituted by the plaintiffs praying for decree of declaration that the plaintiff is owner in possession of 2/3 rd share of the land comprised in Khewat/Khatauni No. 153/173, Khasra No. 526 and 533 measuring 9-05 bighas and that defendant No. 1 Shri Chuha is only entitled to 1/3 rd share of the land. The plaintiff further sought a declaration that he is owner in possession of 1/2 share of land comprised in Khewat/Khatauni No. 154/174, Khasra No. 531 measuring 0-6 bighas out of share which is jointly owned and possessed by the plaintiff and the first defendant Shri Chuha has only 1/4 th share while the remaining 1/4th share is of Smt. Santi, defendant No.2 which is under the non-occupancy tenancy of defendant No.1. The plaintiff seeks decree of declaration that he along with defendant No. 2 is entitled to the equal share in the tenancy. A decree of permanent prohibitory injunction was also prayed for.

(2.) The plaintiff pleaded that he and defendant No. 1 are the sons and grandsons of late Shri Malhar.The pedigree table is as under: Malhar_________________________ | | | Gokul Budhu Bali Ram (died intestate) (died intestate) | | Chuha(son) Malaru(widow) (died intestate)

(3.) It was pleaded that Malhar had three sons namely Gokul, Budhu and Beli Ram. Gokul died and is survived by one son Chuha, defendant No.1. Budhu also died and his property devolved on his widow Malaru, who also died intestate. After the death of Mahlar, his property devolved in equal shares of Gokul, Budhu and Beli Ram. Gokul and Budhu also died intestate and their property is devolved on Chuha and Malaru. Malaru died intestate in January, 1974 and her share in the suit land i.e. 1/3 rd devolved upon the plaintiff in accordance with the provisions of the Hindu Succession Act, 1956 as the plaintiff was the sole surviving legal heir of deceased Malaru.