DIVYA DEWANGAN Vs. KAMLA BAI

JUDGEMENT

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

(2.) This plaintiffs' / appellants' (herein) second appeal was admitted for hearing by formulating the following substantial question of law, on 28-2- 2020: -

(3.) The dispute relates to the suit property bearing Khasra No.7377/1, area 0.27 hectare, earlier owned by Chandulal Dewangan. It is the case of the plaintiffs that during the lifetime of Chandulal Dewangan, he partitioned all his properties to his six sons and one daughter and the suit property came in the share of Tijulal Dewangan (their father) vide Ex.P-1 dated 6-1- 1991, but defendant No.8 (Smt. Kamla Bai) taking the advantage of order dated 28-2-1994 got it mutated in her name on the basis of Ex.D-1 which led to filing of suit by the plaintiffs / appellants herein seeking declaration and permanent injunction with regard to the aforesaid suit land in which defendant No.8 mainly setup the plea vide Ex.D-1 that the suit land came in her share and therefore the plaintiffs, who are the legal representatives of Tijulal Dewangan, had no right and title over the suit land and therefore the suit be dismissed.