ANIRUDH PRASAD KAMAL SEN Vs. DASHMAT BAI SURYAVANSHI

JUDGEMENT

(1.) Proceedings of this matter have been taken-up for final hearing through video conferencing.

(2.) This second appeal preferred by the plaintiff was admitted for final hearing on 20-3-2009 by formulating the following substantial question of law: -

(3.) The dispute relates to the property left by Sukhdev. He and his married wife Shanti Bai died issue-less. The plaintiff claimed that he is brother of Sukhdev and after death of Sukhdev, he inherited the property left by Sukhdev and Shanti Bai, whereas defendant No.1 - Dashmat Bai alternatively claimed that she had married Sukhdev in Chudi form and became his wife and thereafter, got her name mutated in the revenue record. Apart from this pleading, the plaintiff has pleaded that defendant No.1 has no relationship with the family of Sukhdev and she has illegally got her name mutated in the revenue records by order dated 12-5-2004 and thereafter, taking advantage of mutation, got the suit land alienated in favour of defendant No.2 on 12-7-2004 vide Ex.D-5, therefore, decree for declaration of title and sale deed is null and void be granted and appropriate decree be also granted in his favour. Resisting the claim of the plaintiff, defendants No.1 and 2 filed joint written statement opposing the plaint averments and pleaded that Dashmat Bai was wife of Sukhdev, therefore she has inherited the property and rightly sold the suit property in favour of defendant No.2, as such, the suit be dismissed with costs.