VINITA SINGH Vs. UTTARADEVI SINGH

JUDGEMENT

(1.) The instant Appeal is directed against the judgment and decree dtd. 6/9/2021 passed by the 1st Additional District Judge, Janjgir in Civil Suit No.23A/2017 whereby the suit filed by the plaintiffs/respondents 1 to 5 for declaration and permanent injunction against defendants No.1 to 5 was partly allowed and the plaintiffs, defendant No.1 and defendants No.2 to 5 were declared as co-owner/co-sharer in the suit land that is to say that the plaintiffs and defendants No.2 to 5 were declared to be co-sharer in the suit property i.e. 5.40 acres (the land and share of deceased Ranneeta) upto the extent of 1/3rd share in Khasra Nos.112, 113, 137, 204, 231/1, 519, 559 and 606 of the land ad measuring 0.34, 046, 0.15, 7.55, 1.29, 0.15, 0.29 and 0.57 acres, respectively, total Khasra 8, area 10.80 acres situated at village Parsada, Tehsil Akaltara, District Janjgir Champa.

(2.) Henceforth the parties shall be referred as per their description before the Court below.

(3.) Facts of the case are that the plaintiffs had filed a suit for declaration of title against the defendants No.1 to 5 in respect of the land bearing Khasra Nos.112, 113, 137, 204, 231/1, 519, 559 and 606, area ad measuring 0.34, 046, 0.15, 7.55, 1.29, 0.15, 0.29 and 0.57 acres, respectively (hereinafter referred to as 'the suit property'), situated at village Parsada, Tehsil Akaltara, District Janjgir Champa. Parties to the suit are related to each other being descendants of Rameshwar. The said Rameshwar had 2 sons and 2 daughters namely, Prithvipal Singh, Yogendrapal Singh, Vinita and Ranneeta. The plaintiffs are the sons of Prithvipal Singh whereas defendants No.2 to 5 are legal heirs of Yogendrapal Singh. The suit property was obtained by defendant No.1 Vinita (appellant herein) and Ranneeta (since deceased), daughters of Rameshwar under the mutual settlement, but they were minors at the time of settlement and therefore their names were entered in the revenue record as Minors through guardian Rameshwar (father). Ranneeta had expired without getting married.