- (1.)This is a plaintiff's appeal arising from a suit seeking to declare a decree passed in an earlier suit inter partes void and for recovery of possession.
(2.)Original Suit No.378 of 1993 was instituted by Smt. Ramwati against Smt. Shakuntala and her two minor sons Harbansh and Harchand, represented by Smt. Shakuntala, their mother and guardian ad litem, before the Civil Judge of Bijnor (now Civil Judge (Sr. Div.)) on 11/5/1993 for declaration and possession in the terms set out hereinafter. Smt. Ramwati shall hereinafter be referred to as "the plaintiff", whereas Smt. Shakuntala and her two sons Harbansh and Harchand, who were arrayed as defendant nos.1, 2 and 3 to the suit and are respondent nos.1, 2 and 3 to this appeal, shall be collectively referred to as "the defendants". In the event of an individual reference, the defendant shall be called by his/her name.
(3.)It is the plaintiff's case that her father, the late Bhikki Singh was owner in possession of properties set out in Schedules A, B and C to the plaint. The plaintiff's father passed away on 13/1/1983. The plaintiff is Bhikki Singh's lone child and the sole heir entitled to inherit his estate. Bhikki Singh had married once in his lifetime and his wife was Smt. Khajano. Smt. Khajano passed away during the lifetime of Bhikki Singh. Smt. Shakuntala, defendant no.1 to the suit, never married Bhikki Singh. She was married to one Shyamlal, whom she deserted, and thereafter, stayed with a number of men. For a period of about 2-3 years past, she had been staying with the late Bhikki Singh. Smt. Shakuntala had brought along with her to Bhikki Singh's home, her sons Harbansh and Harchand. The plaintiff stays with her husband at Ghaziabad. Though not specifically said, it seems that Bhikki Singh would stay at Village Nawabpura, Pargana and Tehsil Najibabad, District Bijnor.