SAMUNDRA DEVI Vs. CHAND SINGH

JUDGEMENT

(1.) This Letters Patent Appeal arises out of the second appeal No. 145 of 1967 which has been decided by a Single Judge of the High Court of Delhi, Himachal Pradesh Bench, (1972) 2 Sim LJ 366 (Delhi) (H.P. Bench) against the present appellant Smt. Sumendra Devi. The appeal is filed on a certificate of fitness having been given by the learned Single Judge who has decided the second appeal.

(2.) The facts of the case are that the appellant Sumendra Devi filed a civil suit in the Court of Sub Judge, Nurpur on 14-8-1963 for a decree of joint possession of the disputed land claiming one-half share in the land as owner. Her name as co-owner wag entered in the jamabandi after the death of her father Larjoo. The appellant's case is that soon after her marriage the had gone to reside at her husband's house In another village and for some years the respondents and their predecessors went on giving her share in the produce from the land, but thereafter they stopped the same. According to the appellant, she came to know in the year 1963 by reference to Jamabandi for the year 1956-57 that her name as the co-owner of the land was removed from the jamabandi and the land stood mutated only in the name of the respondents Nos. 1 and 2. She also came to know that some time before 1956-57 a portion of the land was transferred by the respondents 1 and 2 in favour of the respondent No. 3. It is on these allegations that she has filed the present suit for the joint possession of the land claiming one-half share in the land which is mutated in the names of respondents Nos. 1 and 2.

(3.) The pedigree which is proved in the case shows that there was one Ram Chander who was the original ancestor. This Ram Chander had two sons named Budhu and Parsa. Budhu's line became extinct with the death of his grand-son Dattu. We are in this matter concerned with the line of Parsa, the second son of Ram Chander. This Parsa had two sons named Tara & Tika. Tara's son was Larjoo who was the father of the present appellant Sumendra Devi. Tika, the other son of Parsa had three sons named Inder, Govind and Damodar. The respondents Nos. 1 and 2 are the sons of Damodar'g daughter. The evidence reveals that Damodar had two wives, named Malto and Makno.