KASHI RAM Vs. RAM KUMAR

JUDGEMENT

(1.) HEARD on admission.

(2.) THE appellants/defendants are aggrieved by the judgment and decree dated 18-07-2001 passed by Second Additional District Judge, Baloda Bazar in Civil Appeal No.16-A/2001 affirming the judgment and decree dated 30-11-1999 passed by the Civil Judge, Class-I, Baloda Bazar in Civil Suit No.535-A/1995 whereby the respondents/plaintiffs' suit for declaration of title, permanent injunction and also for possession of the suit land was decreed in their favour.

(3.) THE claim of the appellants/defendants is founded on the pleading that after the death of Maanki, Sonsai had married Jamwati through a Churi form of marriage and a settlement deed was executed by Jamwati Bai on the basis of which on 9-10-1983 vide Ex.D-3, the land was mutated in their names. This settlement deed though in existence was not produced by the appellants/defendants before the Courts below. The next is an admission made by Mangtu Ram (PW-2) husband of Sunderbai in paragraph 3 that Jamwati Bai was the churied wife of Sonsa. It was urged on the above premises that both the Courts below have erred in recording a finding that Jamwati Bai was not the churied wife of Sonsai and therefore, could not settle the suit land in favour of the appellants/defendants.