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2010 Supreme(SC) 63

R.V.RAVEENDRAN, S.S.NIJJAR
RATTAN CHAND – Appellant
Versus
MORI (D) BY L. R. – Respondent


ORDER

Defendants 1 to 3 in a suit for declaration and possession filed by the deceased first respondent Mori Devi are the appellants in these appeals by special leave.

2. One Ram Sahai had two wives, Mori Devi and Nihatu. Mori Devi did not have any children. Nihatu had a daughter by name Basanti who was married to Durga. Basanti and Durga had four children, namely, the three appellants herein (defendants 1 to 3) and one daughter Soma Devi, who is the legal representative of deceased Mori Devi. Ram Sahai was the occupancy tenant in respect of the suit land and was entered accordingly in the revenue records. After his death, Mori Devi and Nahuti who succeeded to his estate in equal share were shown as the occupancy tenants. However, abruptly the name of Durga was also entered in the revenue records as a non-occupancy tenant. Nihatu died in the year 1983, leaving a will bequeathing her half share in favour of defendants 1 to 3. Durga also died. After the death of Durga, the names of defendants 1 to 3 were entered as the non-occupancy tenants in regard to the entire property including the half share of Mori Devi.

3. When Mori Devi came to know that names of Durga and subsequently names









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