JEET RAM SANKHYAN Vs. SUHRU RAM

JUDGEMENT

(1.) The present appeal has been directed against the judgment and decree dated 26 -4 -1993 passed by District Judge, Hamirpur, whereby the appeal preferred, assailing the judgment and decree of Sub -Judge (1), Hamirpur dated 6 -12 -1985, was disallowed.

(2.) The facts, giving rise to the present proceedings are that one Suhru Ram, S/o Sh. Kalia was the owner of the suit property, as detailed in the plaint. He was alleged to have left his house at a very tender age of 9 years before 1947 and was not heard of by his relations for more than 7 years. It was in January 1968 that mutation of inheritance of the suit property owned by said Suhru Ram was entered and attested in favour of his mother Smt Chiri. The mother of Suhru Ram thereafter executed a Will in favour of her daughter Smt, Chinti on 28 -8 -1973 and also executed a gift in favour of present appellants and respondent No. 2 on 3 -6 -1974, who were the sons of her daughter Smt. Chinti.

(3.) This Suhru Ram was alleged to have come back to his home in the year 1975 and when he noticed the present appellants and respondent No. 2 (defendants) in possession of his property, he requested them for vacating the possession of the property owned by him, but the defendants, instead of surrendering the possession, refused to recognise said Suhru Ram as the same peison who was the son of Kalia. Said Suhru Ram, respondent No. 1 then filed a suit in September 1975 for possession of the suit propert) against the defendants alleging therein that he was still alive and the muta tion entered and attested in favour of Smt. Chiri, his mother and thereafter in favour of defendants on the basis of gift, were illegal and unsustainable. Mother of said Suhru had already died in the year 197i.