MOHAN KRISHNA Vs. KARUNA LATA

JUDGEMENT

(1.) The defendant/appellant has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 (for short 'the CPC) to assail the legality and validity of the impugned decree whereby the trial Court has declared that the plaintiff and the defendants No.1 to 3 have 1/4th share each in the suit property bearing khasra No.120/45 area 0.14 acre and khasra No.120/32 area 0.08 acre, total area 0.22 acre, situated at Mauza Akaltara, PH No.7, Tahsil Akaltara, District Janjgir- Champa. The trial Court has also passed a decree restraining the defendants from evicting the plaintiff from the suit house without following due process of law.

(2.) Indisputably, the parties are in joint possession of the above stated suit land with superstructure/house built over a part of it mentioned as Schedule 'A' property in the plaint, which is also made part of the decree. One Ashok Kumar Sahu was the common ancestor having died on 7-3-2005 leaving behind the parties to jointly succeed the property, however, since the property was purchased in the name of the appellant by a registered sale deed dated 27-3-1995, his name was recorded as owner of the suit property, which continued to be recorded even after the death of Ashok Kumar Sahu.

(3.) The plaintiff Karuna Lata, being widow of late Ashok Kumar Sahu (mother of the appellant herein), filed the present suit claiming 5/8th share in the property on the plea that during the life time of her husband Ashok Kumar Sahu the suit land was purchased jointly by them, however, the sale deed was registered in the name of their minor son Mohan Krishna. The plaintiff, therefore, claimed 1/2 share during the life time of her husband Ashok Kumar Sahu and 1/8th share after his death, which come to 5/8th share. The plaintiff also stated that her only son Mohan Krishna and daughters Devendra Kumari and Mamta are entitled for 1/8th share each.