GLORIA MENDIS Vs. SANDHYA SHARMA

JUDGEMENT

(1.) The challenge in this appeal is to the order dtd. 13/7/2018 passed by the Additional District Judge, Bilaspur in Civil Suit No.203-A/2014 whereby the plaintiff sought declaration of title over the entire property of Schedule "A" and 1/4th share in Schedule "B" & "C' properties and further sought permanent injunction against the defendants from interfering in peaceful possession of the plaintiff and selling the schedule 'A' property. The suit was dismissed. The appeal is by the plaintiff who claims to be legal representative of deceased to claim she had a share in scheduled properties.

(2.) Brief facts of the case are that initially a suit was filed by Smt. June Sharma claiming her right in schedule property described in the plaint that she is entitled to 1/4th share in it claiming wife of one late Anil Sharma. Smt. Sandhya Sharma who was shown to be second wife of Anil Sharma was arrayed as defendant no.1 and her daughters namely Smt. Jyotsna Vig, Ku. Neha Sharma & Sohel Sharma were also arrayed as defendants 2 to 4 respectively. During the pendency of suit, the original plaintiff Smt. June Sharma died on 14/1/2017. Thereafter, the present appellant Smt. Gloriya Mendis was arrayed as plaintiff, who claimed herself to have inherited the property by way of testamentary dispossession.

(3.) As per the plaint averments, Smt. June Sharma, the original plaintiff was married to late Anil Sharma some time in the year 1979. It was an inter-cast marriage and thereafter they were living together at a rented premises at Railway Colony, Bilaspur from 1980 to 2003. In the year 2003, a flat which is described in Schedule 'A' of Plaint was purchased by Anil Sharma. Thereafter, she was living along with Anil Sharma in the said premises. Before his death, Anil Sharma executed a Will dtd. 7/6/2008 whereby the flat was bequeathed in her favour by Anil Sharma. It is alleged that despite the marriage with June Sharma, Anil Sharma performed a second marriage with Smt. Sandhya Sharma who is arrayed as defendant no.1. Anil Sharma died on 17/1/2012. Thereafter, since the counter-claim was made-over the property by way of mutation, the dispute in between the parties came to fore and eventually a suit was filed by June Sharma claiming absolute share in the flat whereas 1/4th share in 'B' & 'C' schedule property which was leftover by Anil Sharma. Accordingly, the prayer was made claiming absolute right over the flat and 1/4th right over the rest of the property on the ground that subsequent wife being second wife will not get any right over the property left over by Anil Sharma as the second marriage was nullity.