SHYAM SUNDAR SARAF Vs. RAMESH KUMAR SHARMA

JUDGEMENT

(1.) THIS Appeal has been preferred against the judgment and decree dated 26-7-2000 passed by the 7th Additional District Judge, Munger in Title Appeal No. 21 of 1999 (7/2000) affirming the judgment and decree passed by the Sub-Judge II, Munger in Title Suit No. 219/87. Thus, the present Second Appeal is against the concurrent judgments of the Courts below.

(2.) THE suit was filed by the Respondent 1st Party for declaration of his title and for recovery of possession from the Defendanttenant. It was admitted from both the sides that the property in question belonged to one Sarswati Devi. She died in the year 1967 leaving behind her daughter, Bhagwati Devi and the Defendanttenant admitted that they were tenant under Bhagwati Devi. Bhagwati Devi died issueless in the year 1984 and the plaintiff claims to be the heir of Bhagwati Devi. The genealogy runs as follows.

(3.) ONE Shiv Narain had two sons namely Hardwari Mall and Gulab Maharaj. Gulab Maharaj died issueless. They had a sister named Sarswati Devi and Sarswati Devi, died leaving behind her daughter, Bhagwati Devi, who also died issueless. Hardwari Mall, the brother of Sarswati Devi died leaving behind one son, Maghraj. Maghraj had two sons Parmeshwar and Hari. Parmeshwar died issueless and plaintiff is the son of Hari. His father, Hariram has been arrayed as a Defendant in the suit. According to the plaintiff, he inherited the property of Bhagwati Devi as she had heirs from her husbands side or there were no heirs from the husbands side of Sarswati Devi and as such it has been reverted to the brothers family of Sarswati Devi.