JANG BAHADUR Vs. JUTHI DEVI AND ORS.

JUDGEMENT

(1.) THE present appeal has been admitted on the following substantial question of law:

(2.) THE facts, giving rise to the present appeal, are that one Amar Singh, father of, Plaintiff, Defendant 1 and 2, and father -in -law of Defendant No. 3 who, being the widow of the pre -deceased son of Amar Singh, was owner of the suit land as described in the plaint. The Plaintiff Jang Bahadur has filed the suit through his next friend and guardian Smt. Uma Devi, his wife, as he has been stated to be insane. It was pleaded that Plaintiff was in exclusive possession of the property owned by his father and Defendant No. 3, the widow of the pre -deceased son of Amar Singh had left the house about 20 -25 years before the suit was filed and she was not heard of since then. It was further pleaded that Defendants 1 and 2, after their marriage, never lived with their father Amar Singh and Plaintiff, being in exclusive possession of the estate of the deceased, was entitled to succeed to the same to the exclusion of the Defendants. The mutation of inheritance sanctioned in favour of the parties to the extent of equal shares has been assailed to be bad and not binding on the rights of. the Plaintiff. The Plaintiff, in the alternative, pleaded that he had become the owner of the estate of deceased Amar Singh by virtue of his continuous adverse possession for more than 12 years.

(3.) DEFENDANTS 1 and 2 contested the suit and they pleaded that parties were joint owners and in joint possession of the land in dispute, as they had inherited the same being the legal heirs of deceased Amar Singh. Various other objections regarding limitation, cause of action, estoppel etc. were also taken by these Defendants. Defendant No. 3 was proceeded ex -parte. Parties were put to trial on the following issues: