KAMALABAI Vs. BAJARANG

JUDGEMENT

(1.) Kamalabai instituted a suit against her son Bajarang and one Srimanth, who had purchased 15 guntas of land out of Sy.No.1 measuring 04 acres 25 guntas from her son Bajarang.

(2.) It was her case that the said land bearing Sy.No.1 belonged to one Balgiri, who was her maternal uncle i.e., her mother's brother. She stated that Balgiri was a 'sanyasi' and in order to perform his religious duties, he had established a Matt. She stated that in the year 1979, Balgiri had sought for conferment of occupancy rights by filing Form No.1 and the Land Tribunal, Afzalpur had conferred occupancy rights on him. She stated that Balgiri died in the year 1982 and she was the only legal heir to Balgiri and that her children had no right to deal with the property, but yet they had got their name entered in the revenue records and on the basis of these revenue records, they were attempting to alienate the lands and they had in fact alienated 15 guntas of land in favour of Srimanth - the second defendant.

(3.) It is may be pertinent to state here that during the pendency of this appeal, Kamalabai expired and an application was filed by her two daughters to come on record as her legal representatives. They have pressed into service, a registered Will stated to have been executed by Kamalabai in their favour. This Court allowed the application and permitted the two daughters to come on record, while also noticing that the first respondent being the son would continue as the first respondent. Thus, all the three legal heirs of Kamalabai are on record.