RADHA BAI Vs. RAM NARAYAN

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 12th February, 2007 of the High Court of Chhattisgarh at Bilaspur (for short, 'the High Court') in Second Appeal No.84 of 2002, whereby the appeal filed by the respondentsoriginal defendant Nos. 1 to 4 was allowed and the judgment and decree passed by the Trial Court dismissing the suit filed by the appellant, came to be confirmed.

(2.) The parties are related as under: <IMG>JUDGEMENT_70_LAWS(SC)11_2019.jpg</IMG>

(3.) The appellant filed suit in the Court of Civil Judge, Class ­ First, Shakti ­ District Bilaspur being Civil Suit No.31/A of 1985 asserting that the land situated in Village Barra, Tehsil Shakti, more particularly described in Schedule A of the plaint, was owned and possessed by Sukhdeo Chhannahu son of Sardha Chhannahu. Sukhdeo was a Hindu and governed by the Mitakshra Laws. The suit land came in the hands of Sukhdeo as ancestral property, in which Sukhdeo and his sons Janakram and Pilaram were having joint shares being coparceners. The appellant's father Saheblal was the son of Janakram, who had another son by name Sonu (original defendant No. 4, who has died during the pendency of the present appeal). The appellant's father Saheblal predeceased Janakram (his father) and Sukhdeo (his grandfather). He died in 1957, whereas Janakram died in 1982 and Sukhdeo, in 1965. Saheblal left behind Laxminbai, his wife and their daughter Radhabai (appellant/plaintiff). In this backdrop, the appellant asserted that she was entitled to a share in the suit property, claiming through her father Saheblal. The appellant's mother had already expired in 1984 before filing of the suit in 1985.