CHAMELI KAUSHIK Vs. KOUSHILYA BAI PATELCLATE RAMJI PATEL

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 5/10/2016 passed by the Sixth Additional District Judge, Bilaspur in civil suit No.227-A/2015 whereby the suit was dismissed. The present appeal is by the plaintiffs.

(2.) The suit was filed by four sisters namely; Smt. Chameli Koushik, Smt. Shanti Devi Bhardwaj, Smt. Usha Bai Narmada & Smt. Sandhya Koushil against one Smt. Koushilya Bai Patel, defendant No.1, who had purchased the property from the defendant No.2 Om Prakash Goutam, brother of the plaintiffs.

(3.) Case of the plaintiffs was that they are the joint owners of land bearing khasra No.184 admeasuring 5.90 acres situated at village Nirtu, PH No.33, RI Circle Sipat, Tahsil Masturi, District Bilaspur. According to the plaintiffs, the said land was purchased by the defendant No.1 on the basis of forged power of attorney dtd. 9/2/2015 alleged to have been executed by four sisters (plaintiffs) in favour of brother (defendant No.2). The suit was filed to declare the said sale deed as nullity and possession was also claimed for from the defendant No.1. The plaintiffs further stated that they are in possession of the land and were doing the agricultural activities on the said land. According to the plaintiffs, on the power of attorney dtd. 9/2/2015 photographs of some other persons were affixed other than the plaintiffs by the defendant No.2 and the sale deed was executed in favour of the defendant No.1. The plaintiffs stated that they have never executed any power of attorney in favour of their brother/defendant No.2. The plaintiffs also stated that while they sowed the crop over the suit land, in the month of August, 2015 the defendant No.1 took over the land forcibly on the basis of sale deed dtd. 11/3/2015 (Ex.P/1).