ANWAR SINGH Vs. PARWATI

JUDGEMENT

(1.) R. K. Mahajan, J. Shri Harsukh and Shri Dull Chand are brothers. Dull Chand died during the pendency of the suit and he is now represented by wife Smt. Parwati and his sons and a daughter. They hail from Mohalla Katra Fateh Mamoor Khan, District Etawah. Harsukh was married to Smt. Kiranta Devi, on 10-5-1977 Smt. Kiranta Devi sold one acre of land in favour of Defendant-appellant Anwar Singh. The sale was challenged by way of suit by Duli Chand that he is entitled to inherit the agricultural land on the ground that Smt. Kiranta Devi was enticed by one Ram Bux of village Bharthana and case No. 244 of 1991 was registered under Section 498 IPC and the certified copy of the FIR is on record as paper No. 18-C. It appears that the accused were acquitted in appeal.

(2.) THE plea of the plaintiffs in the suit is that the property in question was acquired on 26-7-1945 after Kiranta Devi left her husband Harsukh. Harsukh died in the year 1967. So in view of leaving her husband Har Sukh and performing marriage with Shri Ram Bux she is not entitled to inherit the property and sale in dispute dated 18-5-1977 is inoperative, ineffective and nonest. THE lower court dismissed the suit of the plaintiff but the appellate court accepted the appeal holding that Smt. Kiranat Devi re-married and sale is invalid and the appellate court decreed the suit.

(3.) LEARNED counsel for the respondents Shri Prakash Krishna submitted that the judgment of the appellate court is well reasoned and based upon the evidence right from 1955. He further submitted that since Smt. Kiranta Devi had left Harsukh in 1941 and bhumidhar rights were required on lease and she has no right to succeed on this ground as well as re-marriage. He further submitted that the counsel for the plaintiff has raised a question of jurisdiction and the parties have gone into trial and no prejudice has caused and the suit is saved under Section 331-Aof the Act of 1950.