- (1.) THESE three connected second appeals are directed against the judgment and decree of the VI Additional District Judge, Meerut, dated February 28, 1978.
(2.) THE following pedigree will serve to elucidate the relevant facts of the case. The dispute relates to house situate in Mohalla Chatta, Delhi Gate. Ghaziabad Mool Chand was admittedly the exclusive owner of this house. He died on 2nd September 1968. Smt. Kastoori Devi, the widow of Mool and contends that prior to his death, Mool Chand executed a will in her favour on August 30, 1968 in respect of this house. She instituted original Suit 319 of 1971 on March 17, 1971 for eviction of Sri Ram and his son Satya Pal alleging that they were her tenant rent at the rate of Rs. 20/ - per month besides Rs. 4/ - Per month for electricity charges and that she is the exclusive owner landlady. The rent way in arrears since October 1, 1968. The tenancy was determined by a combined notice under Sec. 3 of the U.P. Act III of 1947 read with Sec. 106 of the Transfer of Property Act dated 7 -11 -1970. The relief sought was for eviction from the house and recovery of arrears of rent besides damages for use and occupation at the rate of Rs. 24/ - per month. Nanuwa Singh was arrayed as pro forma defendant No. 3 to the suit since he had made purchase of half share in the house from Smt. Kastoori Devi by a registered deed dated 26th October, 1968. Original Suit No. 1017 of 1971 was instituted on August 20,1971 by Satya Pal against Smt. Kastoori Devi contending that he is the adopted son of Mool Chand deceased. He had been living, it was said in a portion of House No. 46 aforesaid in capacity as the adopted son, but Smt. Kastoori Devi threatened and intended to evict him and hence the relief sought for perpetual injunction. This Suit has given rise to Second Appeal No. 1605 of 1978.
(3.) ORIGINAL Suit No. 154 of 1971 was brought by Smt. Kamla Devi, daughter of Sri Ram on August 31 1971 claiming partition of the house abovementioned. She asserts that she has 19th share in the house and that her brother Satya Pal had been adopted by Mool Chard deceased. Second Appeal No. 1604 of 1978 has arisen from this suit.;