RAMESHWAR PRASAD Vs. TARA BAI AND ORS.

JUDGEMENT

(1.) This second appeal preferred by the appellant / defendant was admitted for final hearing on following substantial question of law:-

(2.) The plaintiffs / respondents herein filed a suit for declaration of title and possession stating inter alia that plaintiff No. 1 is the widow of late Shri Kanhaiyalal and plaintiff No. 2 is the son of late Shri Kanhaiyalal and the suit property was inherited by late Shri Kanhaiyalal from his grandfather. Shri Kanhaiyalal died in the year 1965 and after his death, they have inherited the suit property. Defendant, who is the son of Dukhani Bai out of illicit relationship with late Shri Kanhaiyalal, had got his name mutated in the revenue records. It is the case of the plaintiffs that the defendant has no right and title over the suit property, as such, decree for declaration and possession be granted in their favour.

(3.) The defendant filed his written statement controverting the allegations made in the plaint stating inter alia that he is son of late Shri Kanhaiyalal out of his relationship with Dukhani Bai, he has right and title over the suit property and therefore the suit be dismissed with cost(s).