KAILASH BAI Vs. SHAILENDRI BAI

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The appellant has preferred this appeal against the judgment and decree dated 18-10-2001 passed by the Second Additional District Judge, Mahasamund, in Civil Suit No. 6-A/2001.

(3.) Briefly stated the facts of the case are that the respondent Nos. 1 and 2 filed a suit for declaration of title, partition and separate possession in respect of suit land and mesne profit. It was contended that Bhagatram was the husband of respondent No. 1. He died in 1986. The suit property was his self-acquired property. Since they found that the name of defendant No. 1/appellant has been mutated, they filed the suit. The appellant denied the claim and contended that the respondent Nos. 1 and 2 had surrendered their right in favour of the appellant taking Rs. 1,50,000.00. During the course of hearing, Shailendri Bai/plaintiff No. 1 examined herself on 14-2-2001. The defendant Kailash Bai did not enter into the witness box. Her husband Chandrashekhar Naik appeared.