BIASAN DEVI Vs. KUSHAL KUMAR AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal has been instituted against judgment and decree dated 14.6.2004 rendered by learned District Judge, Hamirpur, H.P. in Civil Appeal No. 08 of 2002.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the appellant -plaintiff (hereinafter referred to as 'plaintiff' for convenience sake), filed a suit for declaration and possession against the respondents -defendants and proforma defendants (hereinafter referred to as 'defendants' for convenience sake), qua the suit land as detailed in the plaint, as per Jamabandi for the year 1989 -90, situate in Tikka Kadihar, Tappa Lagwalti, Tehsil and District Hamirpur. According to the averments made in the plaint, late Ghungar was owner -in -possession of the suit land. Shri Ghungar expired on 7.10.1995 at village Kadihar. Defendants No. 1 to 3 were openly proclaiming that they have got executed a Will from Late Ghungar, which was illegal. Shri Ghungar Ram has not executed any will and even if any Will was executed same was out of fraud. Plaintiffs also prayed for a decree of declaration that they were heirs of Late Ghungar. They also prayed for consequential relief of permanent injunction against the defendants restraining them from changing the nature of suit land, raising any construction and dispossessing the plaintiffs from the suit land.

(3.) REPLICATION was filed by the plaintiff. It is made clear at this stage that earlier suit was filed by the plaintiff in her own capacity as well as on behalf of minors i.e. Neelam and Anita.