SEVAK RAM Vs. SONIYA BAI

JUDGEMENT

(1.) This second appeal has been takenup for final hearing through video conference.

(2.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the defendants is as under:

(3.) The suit property bearing Khasra No.189 area 2.80 acres of land situated at village Nandiya Khurd, District Rajnandgaon was owned by one Dularram. He died leaving no male issue except female issue/daughter Chaiti Bai. After death of said Dularram, the suit land was recorded in the name of his daughter Chaiti Bai. PlaintiffSoniya Bai is daughter of Chaiti Bai. Chaiti Bai was married with one Jhariyar and after death of Jhariyar, Chaiti Bai is said to have married with Fulchand in chudi form, but in revenue records, name of Chaiti Bai remained recorded and she remained in cultivating possession of the suit land. After death of Chaiti Bai, Fulchand married with defendant No.3Laxmi Bai in chudi form and the dispute of possession over the suit land commenced, for which meeting of village panchayat was convened and it was settled that half of the suit land owned by Chaiti Bai will remain in possession of Fulchand and half will be in possession of the plaintiff. Fulchand died on 2.8.87, but during his lifetime, Fulchand got his name recorded in revenue records in Khasra Nos.189/1 and 189/2 area 1.40 acres and also got it partitioned by the order of NaibTahsildar leading to filing of suit for declaration of title and for recovery of possession with regard to the land bearing Khasra No.181/1 area 1.40 acres of land stating interalia that she is titleholder of the suit land and as such, entitled for declaration of possession which defendants No.1 and 2 are unauthorizedly in possession. They have no right and title over the suit land as it is her mother's property and defendants No.1 and 2 being at all stepsons are not entitled to inherit the property left by her mother Chaiti Bai.