(1.) THESE appeals are directed against judgment dated 11/2/2002 of the learned Single Judge of Madhya Pradesh High Court whereby he allowed Second Appeal Nos.139, 348 and 701 of 1999 preferred by the parties to Suit No.l2-A/1992 filed by respondent No.1 and declared that the appellant and respondent Nos.1 to 4 herein will have l/5th share in the suit property.
(2.) 'Victor Richardson (husband of the appellant and father of respondent Nos. 1 to 4) was employed in the railways. He contracted two marriages. He first married Josephin and from her he had two children - a son, namely, John Richardson and a daughter (respondent No.1 - Smt. Merlyn). After the death of Josphin, Victor Richardson married the appellant and they had three children, Smt. Liliyan (respondent No.2), Smt. Mari (respondent No.3) and Garnet (respondent No.4). Victor Richardson is said to have retired from service and died on 30/8/1947. After his death, the appellant purchased suit property bearing Mourisi No.198 admeasuring 19 acres 30 decimals with one house situated in village Kulhards, Tehsil Harda District Hoshangabad (M.P.) for a sum of Rs.7000.00 vide sale deed dated 4/8/1948 in her name and the names of John Richardson and Garnet Richardson.
(3.) AFTER considering the rival pleadings and evidence, the trial Court held that the plaintiff has not been able to prove that Victor Richardson had received the particular amount by way of retiral benefits and the suit property was purchased from the amount allegedly received by him. The trial Court further held that defendant No.5 (appellant herein) had been able to prove that the suit property was purchased from her own money and she cannot be said to have lost her right over the property only on account of performing second marriage. The trial Court rejected the plea of respondent No.4 that he had acquired title by prescription but, at the same time, held that appellant cannot claim to be absolute owner of the suit property.