LICHHMA Vs. LADU RAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is against the judgment and decree of the trial court dated 12.10.1979 passed in Civil Original Suit No.24/1974 by which the trial court decreed the suit of the plaintiff so far as injunction is concerned and restrained the defendants from evicting the plaintiff from the agricultural land measuring 42 bighas by force, however, the trial court also observed that the defendants will be free to take the possession of the properties from the plaintiff by following due process of law. The decree and judgment of the trial court dated 12.10.1979 was challenged by the plaintiff-appellant with a claim that she was entitled to relief of declaration that she is khatedar tenant of the agricultural land measuring 42 bighas and she had share in the house of deceased Chetan Ram and she is entitled to get the sale-deeds executed in favour of defendants no.3 to 5 cancelled as has been executed by the defendant Ladu Ram without authority of law. The first appellate court dismissed the appeal of the plaintiff-appellant by the judgment and decree dated 16.12.1983. Hence this second appeal.

(3.) The second appeal was admitted on 8.8.1985 after framing the following substantial question of law:- "Whether the document Ex.2 was wrongly held as inadmissible in evidence for want of registration." Brief facts of the case are that the plaintiff submitted that some properties of Chetan Ram were there which are described in the plaint. Chetan Ram died in the year 1956, after coming into force of the Hindu Succession Act, 1956, however, she pleaded that as per the old Hindu Law, the agricultural land of deceased Chetan Ram was mutated in the name of Chetan Ram's son Mohan Lal despite the fact that the plaintiff was daughter of deceased Chetan Ram and wife of Chetan Ram, Smt. Rukama was also alive. Mohan Lal died on 23.11.1962, thereupon mutation was again opened for the agricultural land and ultimately, the land was recorded in the name of plaintiff Lichhma daughter of deceased Chetan Ram and Rukama wife of Chetan Ram with equal share.