DERHA Vs. VISHAL

JUDGEMENT

(1.) Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna. The case on hand is one such instance.

(2.) Phannuram Sahu died on 22/6/1959 with surviving interest in Mitakshara coparcenary properties, being agricultural land admeasuring 24.64 acres in Village Dhaneli along with house properties. He left behind Kesar Bai, a daughter born through his first wife, Dukalhin Bai, along with Vishal and Keja Bai, a son and a daughter born through his second wife, Ganga Bai. Both his wives predeceased him.

(3.) It was the case of Kesar Bai that a partition was effected on 12/3/1964 amongst Vishal; Ramnath, Phannuram's nephew; and Manbat Bai, Phannuram's sister-in-law. Having received Phannuram's 1/3rd share in the coparcenary properties, Vishal rejected Kesar Bai's demand for partition and allotment of her individual share therein. Kesar Bai thereupon instituted a partition suit, which came to be numbered as Civil Suit No. 146A of 1991 on the file of the learned First Civil Judge, Division-II, Raipur. Therein, she claimed her share in the coparcenary properties along with mesne profits. During the pendency of the suit, Kesar Bai died on 17/6/1988 and her son, Derha Ram, the present appellant, succeeded to her estate under registered will dtd. 16/12/1980.