B.C.MISRA, D.K.KAPUR
RAM MEHAR – Appellant
Versus
DAKHAN – Respondent
( 1 ) THIS is a Regular Second Appeal arising from a suit brought by Ram Mehar against his sister Shrimati , Dakhan, to claim a declaration that the order dated 26th September, 1958 passed by the Revenue Officer, Mehrauli, sanctioning mutation No. 812 in the name of the plaintiff and the defendant in equal shares, was illegal and void and that the plaintiff alone was entitled to the whole land. As a consequential relief an injunction was sought to restrain the defendant from interfering with the plaintiff s possession of the land in dispute. It may be mentioned that the land, consisting of 3/4th share in 166 Bighas, 19 Biswas of agricultural land situated in village Ravta, was held by Kishan Sahai, the father of the plaintiff and defendant as a Bhumidar. After the death of Kishan Sahai the afore- mentioned mutation was made by the Revenue Officer with respect to the land in the joint names of his son and daughter in accordance with the provisions of the Hindu Succession Act. The exact date of Kishan Sahai s death is not clear from the record but it is submitted by the plaintiff that it was shortly after the coming into force of the Hindu Succession Act, 1956.
( 2
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