KU KHIRODRI BAI Vs. BHOLA RAM

JUDGEMENT

(1.) Instant First Appeal filed under Section 96 of CPC is directed against the judgment and decree dated 5-8-2002, passed by the 1st Additional District Judge, Raigarh, in Civil Suit No. 11-A/1996. Facts in brief, necessary for disposal of this appeal are that:-- Plaintiffs are daughters of Late Madhu Ram Mehar. Panch Ram Mehar, Ramakant Mehar, Shankar Mehar and Mahesh Mehar were his sons and Mutukunwar was his wife. Respondent Nos. 1 and 2 are legal representatives of Panch Ram Mehar whereas respondent Nos. 3 to 9 are legal representatives of Ramakant Mehar. Madhu Ram Mehar died in the year, 1972, Mutukunwar died in the year 1995, Ramakant Mehar died in the year 1980, Panch Ram died during pendency of suit and Shankar and Mahesh died issueless in the years 1986 and 1994 respectively.

(2.) Plaintiffs/appellants filed a suit claiming declaration of their exclusive title over the suit house constructed on Nazul Sheet No. 43, Plot No. 559/1, Area 1914 sq. ft. situated in the city of Raigarh. It is the plaintiff's case that the suit house was coparcenary property of plaintiffs and defendants and pursuant to oral partition took place between the parties in the year 1962, the respondents have separated themselves and since then they are not having any share in the suit house.

(3.) The Trial Court framed issues and parties led evidence.