BHAGWAN DAS Vs. KRISHEN LAL AND ORS.

JUDGEMENT

(1.) THIS is a second appeal directed against an order of the learned Additional District Judge, Jammu, dated 16 -7 -2011 whereby he has confirmed a decree for possession passed by the trial Court to favour of Kanshi Ram, plaintiff. The following pedigree table will facilitate an easy understanding of the facts of this case:

(2.) JIWA Ram died on 17th Phagan 1982 leaving behind him some agricultural land. The plaintiff Kanshi Ram has averred in the plaint that on the death of Jiwa Ram the lands left by him were mutated in the name of the plaintiff and his two brothers Bhagwan Das and Sant Ram. During the trial of the suit it came to light that Sant Ram had died in the lifetime of Jiwa Ram and as a matter of fact, on the death of Jiwa Ram, the land was mutated in the name of Kanshi Ram and Bhagwan Das (Jiwa Ram's two sons) and Mst. Tulsi, widow of Sant Ram.

(3.) IN Mt. Pirthi Pal Kunwar v. Mt. Suraj Kunwar : AIR 1940 Oudh 269 27) (D) it has been held that