SMT. RITIKA DAS, DAUGHTER OF SHRI HARIDAS VAISHNAV, WIFE OF VINOD KUMAR Vs. HARIDAS VAISHNAV, SON OF LATE MOHAN DAS VAISHNAV

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 02.01.2004 passed in Civil Suit No.15-A/2003 by the District Judge, Rajnandgaon.

(2.) Brief facts of the case are that a suit was filed by one Smt. Ritika Das against Haridas Vaishnav. It is not in dispute that the parties i.e., the plaintiff and defendant are interse related to each other. The plaintiff is daughter of late Raja Rani Das @ Radha Rani who was daughter of one Chandra Bhushan Das. It is not in dispute that the mother of plaintiff was married to defendant Haridas Vaishnav and out of the wedlock, plaintiff Smt. Ritika Das was born on 15.08.1978. After birth, the mother namely Raja Rani died on 18.08.1978 and the plaintiff was looked after by her maternal grandfather. It was further pleaded that the land bearing land Kh.No. 528/1 admeasuring 0.14 decimal was purchased in the name of Raja Rani Das by registered sale deed. It was further stated that for the said land, the application for mutation of name was given by the defendant and an exparte order of mutation was passed against the plaintiff. It was further stated that certain properties which were shown in Schedule-A of the Plaint also devolved on the mother of the plaintiff through Krishna Kumari Devi by virtue of a Will. Therefore, in order to construct a house over the land bearing Khasra No. 528/1, which devolved on the plaintiff through mother was sold for an amount of Rs. 56,000/- and the house was constructed. It was further pleaded that after death of plaintiff's mother Radha Rani Das, the defendant got remarried and started living in the said house. Therefore, it was pleaded that the suit house belonged to the mother of the plaintiff and it was property in the nature of Stree-Dhan. Consequently, it was prayed that the plaintiff be declared the owner of the suit house along-with the land and the possession of the land be handed over to her.

(3.) The defendant stated that the grand father of the plaintiff had kept the plaintiff as memory of his daughter and in order to grab the properties of late Krishna Kumari, the said suit has been filed. It was further pleaded that the property actually belonged to one Krishna Kumari Devi who also looked after Raja Rani and the land was given to Raja Rani by late Krishna Devi wherein the defendant had constructed a house in the year 1983 and is in possession thereof. It is further stated that as long as the defendant is alive, the plaintiff was not entitled to sue for property and consequently, it was further pleaded that the plaintiff be non-suited.