JANARDAN SINGH SON OF LATE BARNI SINGH Vs. SMT. SACHIDA DEVI @ SAVITA DEVI WIFE OF SHRI ANIL KUMAR SINGH

JUDGEMENT

(1.) Heard Mr. K.N. Choubey, learned senior counsel for the appellant. Mr. Ashok Kumar Singh, learned counsel for the respondent is present.

(2.) The defendant in the suit is the appellant in this appeal against the judgment and decree of affirmance granting the decree to the plaintiff as prayed.

(3.) The plaintiff filed the suit for declaration of her right and title over the suit property described in detail in schedule-A of the plaint. The genealogical table given in the impugned judgments of the courts below has not been disputed on behalf of the appellant. From this genealogical table, it transpires that the plaintiff and the defendant are the descendants of Chetan Singh. The further fact is also not in dispute between the parties that in the Partition Suit No. 17 of 1929 between the ex landlord and Mokarrirdar, Chetan Singh was impleaded as defendant no. 30. During the pendency of that partition suit, Chetan Singh died and was substituted by his heirs and legal representatives being his sons, grand sons and great sons namely his sons Kesho Singh, Janardan Singh also known as Jay Singh, and his grand sons and great grand sons namely Padum Singh, Barni Singh, Ram Prasad Singh, Shital Singh and Mahendra Singh all of whom were arrayed as defendant nos. 41 to 47 in the said suit. The plaintiff is the daughter of late Mahendra Singh who also left behind his widow Lalpati Devi. The sole defendant Janardan Singh is one of the descendants of Jay Singh.