SURESH DARVADE Vs. ARJUN RAM PANDEY

JUDGEMENT

(1.) Heard on admission.

(2.) The respondent/plaintiff preferred a suit for declaration of title and possession of plaint Schedule-A property on the plea that one Jhadu Ram was his father and the original defendant No. 1 Gendi Bai is his mother. Jhadu Ram was granted lease (patta) of the suit land and after his death, it was recorded in the name of Gendi Bai (step-mother of the plaintiff). According to the plaintiff, after the death of Gendi Bai, he would succeed to the property, however, the original defendant No. 2/appellant has encroached over the property and is in illegal possession, therefore, his title may be declared and possession may be delivered to him.

(3.) The defendant came up with a plea that the plaintiff is not the son of Gendi Bai but he is son of Budhyarin Bai and that the suit property was a self acquired property of Gendi Bai, being her stridhan and it was never recorded in the name of Jhadu Ram. The defendant claims that he has purchased the property from Gendi Bai and that since the plaintiff has embraced Islam religion, he is disentitled to succeed in property and he cannot be the owner of the property belonging to Gendi Bai.