Sheo Narain vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1989 Supreme(All) 947

M. M. GOPAL
Sheo Narain – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates appeared:
Radha Krishna, Advocate, for the Appellant; M.C. Joshi, Advocate and D. Nath, D.G.C. (R.), for the Respondent

JUDGMENT

M.M. Gopal, Member - This is a second appeal against the judgment dated May 15, 1985 by which the learned Commissioner has dismissed the appeal and upheld the judgment of the trial court dated May 9, 1984 by which the trial court dismissed the suit.

2. Heard the learned counsels for the parties and have also perused the files.

3. The facts of the case are that a suit under Sections 229-B/176 of the U.P. Act I of 1951 was filed by Mst. Tulsia (alias Tulsi) daughter of Moti Lal against Laxmi Raj Singh, Tula Ram with the allegation that the land in suit belonged to the family of her father and her uncle executed a sale-deed in her favour in the year 1933 through a registered deed. Hence she acquired right and defendants have no right or interest over the land in suit. The defendants have denied the rights and filed written statement also.

Issues were framed. During the pendency of the suit it so happened that the plaintiff Smt. Tulsia died, hence an application was filed for the substitution by one Sheo Narain with a prayer that he may be substituted in place of deceased Smt. Tulsia as she died during the pendency of the suit and has executed a will dated October 13, 1983 in f

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