LALJI Vs. MUS MARIYAM BAI

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 18-8-2006 by Shri N. K. S. Thakur, Additional District Judge, Mungeli, District Bilaspur in First Appeal No. 5-A/2005 whereby the judgment and decree dated 1 -9-2005 passed in Civil Suit No. 89-A/2000 by Smt. Kiran Chaturvedi, Civil Judge, Class-I, Mungeli dismissing the suit was reversed, the defendants/appellants have preferred this Second Appeal.

(2.) The following facts were not disputed in this appeal. Budhari and Kejaha were brothers. Respondent/plaintiff Mariyam Bai was married to Kejaha while the appellant/ defendant No. 4 Birij Bai was married to Budhari. Defendants/appellants No. 1 to 3 are the children of Budhari through Birij Bai. After death of Budhari, the disputed agricultural lands in area 5.2 acres situated in village Charnitola, P.M. No. 9, Tahsil Lormi were mutated in the name of appellants/ defendants, who were in possession thereof on the date of suit. After death of her husband Kejaha, Mariyam Bai, the respondent/ plaintiff had in the year 1985 and 1986 executed a registered sale deed of agricultural lands belonging to Kejaha vide Ex. D-17 and D-18 wherein she was referred to as the widow of Kejaha.

(3.) The plaintiff/respondent had pleaded that she was the owner and in peaceful possession of the suit lands mentioned in Schedule-A to the plaint situated in Charnitola. In cause title only she referred herself as widow of Budhari. It was also not pleaded as to in what form did she marry Budhari and how she claimed title over the suit lands. It was also not pleaded that she was the legally married wife of Kejaha. On the pleading that the defendant Nos. 1 to 4 had, in the year 2000, in collusion with the Revenue Officials and Patwari, got their name mutated over the suit lands and forcibly dispossessed her and were openly disclaiming her title thereto she prayed for the relief of declaration of title and possession over the suit lands. Thus it was not pleaded that in the year 1952, Kejaha had entered into a Churi Marriage with Mariyam Bai and had executed a document on 10-5-1952 vide Ex. P-1 acknowledging the Churi marriage with Mariyam Bai and also the fact that out of the 15 acres of his lands, he had given 5 acres to Mariyam Bai for her maintenance. No details of the lands given to Mariyam Bai were mentioned.