MOHINI DEVI Vs. SURESH KUMAR
LAWS(J&K)-2006-10-25
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 07,2006

MOHINI DEVI Appellant
VERSUS
SURESH KUMAR Respondents

JUDGEMENT

- (1.) THIS civil second appeal No. 25/1999 is directed against the judgment and decree dated 26th of April 1999 passed by the Additional District Judge, Kishtwar in File No. 6/Appeal being First Civil appeal titled as Shanti Devi v. Suresh Kumar and ors whereby and where under appeal of appellant -plaintiff, Shanti Devi came to be dismissed and judgment and decree dated 30th of September 1997 passed by the trial Court (Sub Judge) came to be confirmed dismissing the suit titled Shanti Devi v. Suresh Kumar and others, which shall be referred to hereinafter "impugned judgment".
(2.) CIVIL Second Appeal No. 26/1999 is directed against the judgment and decree dated 26th of April 1999 passed by Additional District Judge, Kishtwar in Civil First Appeal No. 5/Appeal titled as Shanti Devi and anr v. Suresh Kumar and ors whereby and where under the appeal of the appellant -plaintiff came to be dismissed and judgment and decree dated 30th of July 1997 passed by trial Court (Sub -judge) in terms of the suit titled as Jodh Ram v. Suresh Kumar and ors came to be confirmed, which shall be hereinafter referred to as "impugned judgment".
(3.) SHANTI Devi died during the pendency of the appeal and respondent No. 4, Mohini Devi came to be transposed as appellant in Civil Second Appeal No. 25/1999. Mohini Devi was already figuring as appellant No. 2 in Civil Second Appeal No. 26/1999 and accordingly necessary entries came to be made by the Registry in the cause title in terms of order dated 20th of July 2000. FACTUAL BACKGROUND OF THE CASE OF CSA No. 25/1999. Shanti Devi filed a suit for declaration declaring gift deed dated 27th of July 1983 executed by one Jodh Ram (who was arrayed as defendant No. 4 in the suit) in favour of defendants respondents 1 to 3 in respect of land mentioned in the Gift deed falling under Survey No. 233 Min, 357, 613, 658, 188 and 784 comprising Khewat No. 30 situated at village Lachkhazana void and ineffective and inoperative against the rights of the plaintiff and liable to be set aside as the claim of plaintiff -Shanti Devi for maintenance was a charge on the Estate of Jodh Ram, husband of plaintiff.;


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