BUDHRAM Vs. LEGAL HEIRS

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by plaintiffs/legal heirs of original plaintiff herein states as under:

(2.) The dispute relates to the suit land situated at village Pasla, Tahsil Baikunthpur, District Koria admeasuring 14.96 acres [6.052 hectare]. The civil suit was instituted by original plaintiff- Jaljeet [who died during pendency of suit] stating inter alia that his father Patraj Singh Gond, during survey settlement, was granted patta in respect of the suit land and he died in the year 1940 and his grandmother maintained him as his mother Fulmet Bai left the village after death of his father and started residing with one Jai Singh, who was working as village servant (Harwaha) in the house of Patraj Singh Gond and out of their illicit relationship, defendants No. 1 to 3 namely Jan Sai, Ram Sai and Beera Sai were born. He further pleaded that Jai Singh also died in the year 1942-43 and thereafter again his mother Fulmet Bai came to village Pasla and started residing with him as she became hapless and helpless after death of Jai Singh and he [original plaintiff - Jaljeet Gond] allowed her mother Fulmet Bai and her three sons (defendants No. 1 to 3 namely Jan Sai, Ram Sai and Beera Sai) to stay with him and on that account, names of defendants No. 1 to 3, being uterine brothers, suit land came to be recorded in the revenue records jointly being sons of Patraj Singh Gond but they have no right and title over the suit land. Thereafter, taking advantage of recording their names in the revenue records, defendants No. 1 to 3 filed application for partition under Section 178 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar and the Tahsildair, on the objection, adjourned the dispute giving them time to get the title adjudicated leading to filing of the suit. It was finally prayed that plaintiff is only the son of Patraj Singh Gond to whom suit property belonged and defendants No. 1 to 3 are not sons of Patraj Singh Gond out of his wedlock with Fulmet Bai and if any semblance of right they have, they deemed to have been extinguished by doctrine of adverse possession and his exclusive, uninterrupted, continuous and peaceful possession be declared over the suit land by appropriate decree.

(3.) Resisting the suit, defendants No. 1 and 2 filed their joint written statement stating inter alia that Patraj Singh Gond and Jaisingh were close relatives and they have jointly acquired the suit property at village Pasla and Patraj Singh died in the year 1940 whereas Jai Singh died in the year 1942 and survey settlement took place in the year 1944-1945 and in the year 1947-48, bandobast patta was granted. It was further pleaded that Fulmet Bai, who was wife of Patraj Singh and mother of the plaintiff, after the death of Patraj Singh started living with their father Jai Singh as a Keep (j[kSy iRuh) and both are residing together at village Bheed and therefore, Jai Singh also became Bhumiswami of the the suit property. The defendants No. 1 and 2, by way of amendment dated 18.12.1997, paragraph 17-B was inserted in the written statement stating that their father was late Jai Singh and, therefore, they are entitled for 1/2 share in the suit property.