MAM KAURI Vs. LACHMI DEVI

JUDGEMENT

(1.) THIS is plaintiff's Regular Second Appeal against the judgment and decree of the Courts below vide which her suit for declaration was dismissed.

(2.) SHRIMATI Mam Kauri, plaintiff filed a suit for declaration to the effect that her mother Shrimati Ratni who owned 105 kanals 14 marlas of land as per details given in the plaint, gave to her by means of oral Will in the presence of the parties and other respectable of the village and even since then, she is in possession of the suit land as its owner. The plaintiff further averred that the defendants executed affidavits on 9. 12. 1958 to the same effect and admitted the factum of oral Will made by Shrimati Ratni in her favour.

(3.) SHRIMATI Sajna Devi and Shrimati Birja Devi defendants con- tested the suit and filed written statement. Both the defendants denied that they have given up their claims in the suit land. As regards their signatures on affidavits, it was alleged that the same were pro- cured by misrepresentation. The defendants further averred that mutation in respect of the land left by their mother Shrimati Ratni has already been sanctioned in favour of four sisters namely plaintiff and the defendants in equal shares.