SHAKUNTALA BAI AGRAWAL Vs. KASTURI BAI

JUDGEMENT

(1.) This defendants/appellants' first appeal is directed against the judgment and decree dated 28th November, 2003 passed in Civil Suit No. 5-A/02, whereby learned IV Additional District Judge (Fast Track Court), Janjgir, decreed the suit for declaration and perpetual injunction in favour of the plaintiffs/respondents. (Parties hereinafter shall be referred to as per their description before the Trial Court.)

(2.) Original plaintiff Shatruhan Lal Agrawal is father of Mahendra Kumar Agrawal, whereas defendant No. 1 Shakuntala Bai Agrawal is widow and defendant No. 2 Ku. Jyoti Agrawal is daughter of deceased Mahendra Kumar Agrawal. Original plaintiff Shatruhan Agrawal died during pendency of the suit and the respondent Nos. 1 to 7 herein, are legal representatives of deceased Shatruhan Agrawal.

(3.) The plaintiff filed a suit for declaration that he is the owner of agricultural land bearing Khasra Nos. 247/2, 272/2, 285 and 801, area 0.68 acre, 0.35 acre, 0.48 acre and 0.54 acre respectively, total area 2.04 acre, situated at Village Korbi and the house situated at Village Baloda, Tehsil Janjgir, Distt. Bilaspur (hereinafter referred to as "the suit property"). The suit property is his self-acquired property, he purchased the same from the proceeds of his own business irrthe name of his only son Mahendra Kumar and he is Karta of his family. He is in possession of the agricultural land and his son did not have any source of income for purchasing the suit property. After the death of his son Mahendra Kumar, the defendant No. 1 is residing in her parental home with defendant No. 2. Defendants are planning to sell the suit property and they have already sold the house situated at Akaltara. The defendant do not have any right to transfer the property.