SONMATI Vs. LACHHMAN

JUDGEMENT

(1.) Goju, Chachai and Bondka were brothers. Goju died prior to the death of Chachi. Suit land i.e. 7.74 acres of agricultural land situated at village Bastar, Patwari Halka No. 52, R.I. Circle Menpuri, Tahsil Jagdalpur, District Bastar was self earned property of Chachi. After the death of Chachi, it devolved upon Mst. Sukali i.e. his wife. Mst. Sukali also died sometime in the year 1989-90, and thereupon this dispute about the inheritance to the suit land left behind by Mst. Sukali, has arisen between the parties. Both the parties claim on the basis of Hindu Succession Act, 1956.

(2.) As the suit land was mutated in the name of Bondka and after his death in the year 1992 in the name of defendants i.e. heirs of Bondka, a suit claiming declaration of their half share in the suit land, partition, separate possession and mesne profit was filed by the respondents i.e. legal heirs of Goju.

(3.) The plaintiff's; suit was decreed. First appeal preferred by the appellant was also dismissed.