KEJURAM Vs. SURJA BAI

JUDGEMENT

(1.) This appeal is against the judgment and decree dtd. 10/7/2019 passed by the learned Court of Second Additional District Judge, Bilaspur in Civil Suit No.165-A/2016. The appellant plaintiff Keju Ram along with others filed a suit for declaration of cancellation of sale deed, permanent injunction and declaration of title in favour of the plaintiff.

(2.) In order to appreciate the rival claims and relations between the claimants and defendant no.1 Surja Bai, the genealogical tree of the parties would be relevant which is produced herein :

(3.) The plaintiffs claim to be in possession of the suit lands bearing Kh.No.51/3 admeasuring 1.60 acres, Kh.51/4 area 0.70 acres, Kh.No.238 area 0.08 acres, 239 area 0.07 acres, Kh.No. 495/2 area 0.40 acres, Kh. No.496/2 area 0.10 acres, Kh.No.227 area 0.10 acres, Kh.No.165 area 0.10 acres all situated at village Bahatarai, P.H. No. 20/31, Tahsil and District Bilaspur Chhattisgarh. According to the plaintiff, the subject land was recorded in the name of Samaru and Nanki. Both sons of Tejwa. The plaintiffs claim that the property initially belonged to Tejwa who had 4 sons namely Kartik, Sukru, Samaru and Nanki. Kartik and Sukru were unmarried and died issue-less. Samaru was married to Jana Bai and out of that relation, they had one daughter named Jamuna Bai who was married to Jodhi Ram. Jamuna Bai had two sons Keju Ram and Akhaibar who have been arrayed as plaintiffs 1 & 2. Nanki (deceased), the other son of Tejwa (since dead) had 3 children i.e., one son namely Mayaram and two daughters Dasmath and Phulmat Bai. Phulmat Bai was arrayed as plaintiff no.3 and since after her death, she was represented by the legal heirs, plaintiffs 3(a) to 3(e).