MANSHA RAM Vs. TULSI DEVI

JUDGEMENT

(1.) Both these appeals are proposed lo be disposed of by a common judgment as the questions of law and facts involved in both these appeals are identical except that the tenant lands are situated in two different revenue estates that is Behli and Sujhiala. II may also be noticed that two separate suits were filed by the same plaintiffs against the same defendant. Two separate appeals were filed, which were also disposed of by the first appellate Court by a common judgment. The present appeals have been filed by the defendant. The parties, herein -after in this judgment, shall be referred to as plaintiff and defendant.

(2.) One Daya Ram filed a suit stating that Mst. Thunthi was a tenant on the suit land, who died in the year 1964. On her death the plaintiff claimed to have succeeded to her rights in the land being her male collateral.

(3.) Defendant Mansha Ram on the death of Mst. Thunthi claimed succession to her right, title and interest in the suit land on the basis of a Will having been executed by Mst. Thunthi in his favour. Mutation was sanctioned in his favour, which was up held by the Financial Commissioner vide order dated March 12, 1981.