HIGH COURT OF UTTARAKHAND
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Prafulla C. Pant, J. -
(1.) THIS second appeal, preferred under section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 22.11.2002 passed by Additional District Judge/IVth Fast Track Court, Dehradun, in Civil Appeal No. 112 of 2000 whereby said court has allowed the appeal, and set aside the judgment and decree dated 18.11.2000, passed by the trial court (IVth Additional Civil Judge Senior Division, Dehradun) in Suit No. 729 of 1994.
(2.) HEARD learned counsel for the parties, and perused the record. Brief facts of the case are that one Ram Avtar was a permanent lessee over the property No. 33/31 (old No. 33/35) situated in Bindalwala, Dehradun, measuring 1,185 square feet. Plaintiff Sant Ram (since died) was son of Ram Avtar through his first wife Kallo Devi who died in the year 1936. Thereafter, Ram Avtar got remarried to defendant No. 1 Kesariya (since died), and through said wedlock a daughter named Jog Maya (defendant No. 2) was born. On 28.02.1947, Ram Avtar died leaving behind him Sant Ram (son), Jog Maya (daughter) and widow Kesariya. All the three heirs continued to live in the house (above mentioned property) left by Ram Avtar.
(3.) PLAINTIFF Sant Ram filed a suit in the year 1994, seeking the declaration that he is the sole owner of the house in question. The defendants Kesariya and Jog Maya contested the suit, and filed their written statements denying the full title of the plaintiff Sant Ram. They pleaded that in the municipal record their names are also entered as co -owners. They further pleaded that they are in possession of the property as co -owners, and suit of the plaintiff is liable to be dismissed.;
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