BHAGAT RAM Vs. SURESH

JUDGEMENT

(1.) The present appellants, who happened to be the sons of one Mast Ram filed a suit for declaration that they were owners in possession of the suit land and as a consequential relief permanent prohibitory injunction was asked for. The facts, as borne out from the records, revealed that one Mast Ram was the previous owner in possession of the suit land as described in the plaint who was the father of the plaintiffs. According to them on 21st May, 1973, this Mast Ram executed a registered Will of the suit land in favour of defendant No. 3, Smt. Munni Devi, his wife, with a stipulation that she would enjoy the same during her life time and on her death the said land would be inherited by the present plaintiffs in equal shares. Their further case has been that on the death of Mast Ram mutation was sanctioned by the revenue officer in favour of Smt. Munni Devi on 17th November, 1973. Earlier this Mast Ram on 18th August, 1971, had filed a suit against the present plaintiffs in respect of a part of the suit land which was dismissed on 25 -6 -1973 as abated. The plaintiffs further case, as pleaded, has been that Mast Ram deceased never remained in possession of the suit land during his life time nor thereafter Smt. Munni Devi came to occupy the suit land on the basis of the Will also. The plaintiffs pleaded that they remained as owners in possession of the suit land. According to the plaintiffs, the entry in the name of Smt. Munni Devi in possession of the suit land in the revenue record was a paper entry made on the basis of the Will and was a false and wrong. It was also pleaded by the plaintiffs that on the basis of these wrong entries Smt. Munni transferred the entire suit land in favour of defendants No, I and 2 through a registered Will dated 29th May, 1975. It was also averred that Muani Devi filed a suit against the plaintiffs for possession of a part of the suit land and that suit was dismissed in default but during the pendency of that suit he transferred the suit land in favour of defendants No. 1 and 2, as referred to above. The plaintiffs have assailed the sale in favour of defendants No. 1 and 2 to be illegal, void and inoperative against their rights. The plaintiffs pleaded that Smt Munni Devi had not succeeded to the suit property left by Mast Ram and even otherwise she was not the legally wedded wife of Mast Ram. The plaintiffs, as such, claimed to have become owners in possession of the suit land. As the defendants were trying to take forcible possession of the suit land, hence the suit.

(2.) The defendants contested the suit. They raised various preliminary objections. It was denied that Mast Ram was not in possession of the suit land during his life time, It was also pleaded that Mast Ram did not create a life interest in favour of Munni Devi in the alleged Will but on the basis of the said Will Munni Devi has become absolute owner. The other averments made in the plaint were, however, not admitted. The parties were put to trial on the following Issues by the trial Court:

(3.) Issues No. 1, 3, 5, 6, 7 and 8, according to the trial Court, were not pressed by the learned Counsel for the defendants during the course of arguments and, as such, those were decided in favour of the plaintiffs and against the defendants, Issue No, 2 was decided in favour of the plaintiff, Issue No. 4 was decided in favour of the defendants. Issue No, 9 was decided in the negative. Issues No. 10, 11 and 13 were disposed of in favour of the defendants while under Issue No. 12 it was held that the sale deed was legal and valid. The trial Court, as such, dismissed the suit. The aforesaid judgment and decree passed by the trial Court were assailed in an appeal before the first appellate Court on various pleas. The first appellate Court, after hearing the parties, dismissed the appeal with costs. The aforesaid judgment and decree have been assailed in the present regular second appeal on various grounds. Learned Counsel for the parties have been heard and the entire record has been scrutinized minutely.