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1978 Supreme(All) 620

S.J.HYDER
Bitola Kuer – Appellant
Versus
Ram Charan – Respondent


Advocates:
D.P.S. Chauhan, for Appellant; Raja Ram Shivhare, for Respondent.

JUDGMENT :- The plaintiff who has lost from both the courts below has now filed this second appeal.

2. The suit was for possession over the house in dispute. It is not necessary to burden this judgment by repeating the averments made in the pleadings of the parties. The two courts below have found as a fact that the house in dispute, which is situated in village Hardaspur in the district of Budaun belonged to one Malkhan Singh. He had a son named Surat Singh. Surat Singh married three wives-one after the other. His first wife was Jamuna Kuer from whom he had a daughter named Larh Kuer alias Lalsukh. Plaintiff Bitola Kuer is the daughter of Larh Kuer. The second wife of Surat Singh was Deva Kuer. He had no issue from the second wife. The third wife of Surat Singh was Ram Piari. Ram Piari was also issueless. When Surat Singh died, only Deva Kuer and Ram Piari were alive and they entered in possession of his extensive property as the widows of the last male owner. Relations between Deva Kuer and Ram Piari were not cordial after the death of Surat Singh. Deva Kuer and Ram Piari alienated some of the properties which they held as widows estate. Deva Kuer died first. The death of Ram Pia


































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