RAJESHWARI DEVI AND ORS. Vs. VIJAY KUMARI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree, dated 13.05.2002, passed by the learned District Judge, Hamirpur, H.P. in Civil Appeal No. 115 of 1994.

(2.) KEY facts necessary for the adjudication of this Regular Second Appeal are that the respondent -plaintiff (hereinafter referred to as "the plaintiff" for the sake of convenience) had filed a suit against the appellants -defendants (hereinafter referred to as "the defendants" for the sake of convenience) for declaration and also for possession with the averments that she is owner of double storeyed house consisting of two rooms and varandah alongwith four shops fully detailed in the site plan attached, situated on Khata No. 257 min, Khatauni No. 270 min, Khasra No. 298 old, new Khasra No. 401, measuring 11 kanals 2 marlas gair mumkin abadi and Khasra No. 413, measuring 8 Kanals 3 Marlas (hereinafter referred to a 'the suit property' for the sake of convenience), which was previously owned by the father of the plaintiff, namely, Bakshi Ram. Bakshi Ram executed a valid registered Will in respect of the suit property in favour of the plaintiff on 13.07.1982. Plaintiff is the real daughter of Bakshi Ram. Bakshi Ram died on 30.05.1988. The defendants have nothing to do with the suit property.

(3.) ISSUES were framed by the learned Sub Judge 1st Class (II), Hamirpur on 07.11.1991 and 18.04.1994. The suit was dismissed by the learned Sub Judge, 1st Class (II), Hamirpur on 15.6.1994.