RAJ KUMARI Vs. SITA DEVI AND ORS.

JUDGEMENT

(1.) IMPUGNED is the judgment and decree passed by the Ld. 1st Additional District Judge, Jammu, by means of which the suit for declaration filed by the appellant (plaintiff) has been dismissed as being barred by limitation.

(2.) THE admitted factual position is that one Jameet Singh has died in the year 2006, at the time of death was survived by the widow Sita Devi, one daughter Chanchal Devi, then posthumously the plaintiff Raj Kumari got birth, in short was survived by two daughters and a widow. On the demise, the mutation of inheritance has been attested in favour of the widow. By the passage of time, When the appellant (plaintiff) attained majority, she seem to have challenged the mutation order but without any success. The review petition filed before the Financial Commissioner also failed, as is clear from the Order dated 07 -08 -1998 passed by the Financial Commissioner. Thereafter, the appellant (plaintiff) facing challenge to her rights has instituted the suit for declaration to the effect that the appellant (plaintiff) and the respondents (defendants) each are entitled to inherit the estate of the deceased Jameet Singh. On the basis of respective pleadings, the learned trial Court has framed as many as 10 Issues. The Issue No. 1 has been treated as preliminary Issue, same is reproduced herein below:

(3.) WHETHER the attestation of the mutation of heritance will amount to exclusion as is the word employed in the Article 127 of the Limitation Act, or not, is the sole point to be addressed.