AANGAN BAI Vs. FAGU LAL

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the defendant are as under:-

(2.) The suit property was originally held by Tihari. Tihari had one daughter Sukhnibai. Sukhnibai was married with Kangalu and out of her wedlock with Kangalu she had two daughters namely Budharibai and Aaganbai. Kangalu has sold the suit property in favour of plaintiff-Fagu Lal by sale deed dated 16.1.1967 (Ex.P-1) and delivered peaceful possession thereof. Later on, defendant No.1 filed an application for recovery of possession before the Tahsilar, Nawagarh under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as 'Code'), which was granted by the Tahsildar by order dated 14.5.2004 (Ex.D-2) and affirmed by the Sub-Divisional Officer, Bemetara on appeal preferred by other side and thereafter on 16.6.2004 the plaintiff filed a suit for declaration of title and permanent injunction against defendant No.1 who is granddaughter of Tihari stating inter-alia that defendant No.1 has no right, title and interest over the suit property.

(3.) Resisting the suit, defendant No.1 filed her written statement and denied the averments made in the plaint stating inter-alia that she is granddaughter of Tihari and entitled for possession of the property which has rightly been granted by the Tahsildar, Nawagarh and affirmed by the Sub-Divisonal Officer, Bemetara and as such, the plaintiff has no right and title over the suit property as Kangalu has no right and title to alienate the suit property in favour of the plaintiff.