ANASTHASIA KUJUR Vs. SITA KUMARI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dated 30.09.2002 passed by learned Second Additional District Judge, Ambikapur, District- Sarguja in Civil Appeal No.84-A of 2002 by which, learned lower Appellate Court has reversed the judgment and decree dated 5.11.1999, passed by learned trial Court and decreed the plaintiff's suit.

(2.) The respondent- plaintiff filed a suit seeking declaration and possession as also permanent injunction on the pleadings, inter alia, that the property in dispute belonged to Bhukha Uraon, the father of Late Sohrai. Later on, after death of Bhukha, Sohrai succeeded to the property in dispute as the sole successor and his name was mutated in revenue records. Further case of the plaintiff was that plaintiff No.1, Seeta Kumari was married to Late Sohrai, about three years before his death, according to customs and rituals of Uraon tribe and out of their wedlock, plaintiff No.2 Anna Kujur was born. The defendant No.1 is the aunt of Late Sohrai. Taking undue advantage of the fact that Sohrai was a rustic villager and was less educated, attempt was made to grab his property. At the time of death of Sohrai, the plaintiff No.1 was in her parental house where she was not informed regarding death of her husband. It was also pleaded that without informing her, defendant No.1 performed last rights of cremation upon death of Sohrai. According to the plaintiff, plaintiff No.1 being the wife and plaintiff No.2 being daughter are entitled to succeed to the property of Sohrai after his death and as the defendant No.1 is claiming herself to be only successor of the property of deceased Sohrai, suit was filed.

(3.) The appellant-defendant resisted the claim of the plaintiff by disputing the factum of marriage. In the written statement, defendant denied that there was any marriage solemnized between Late Sohrai and plaintiff No.1- Seeta Kumari and that plaintiff No.2-Anna Kujur was born out of their wedlock.