PHOOLOBATI Vs. KHIROBATI

JUDGEMENT

(1.) The following substantial question of law was framed while admitting the appeal on 7-1-2016: -

(2.) After hearing learned counsel for the parties at length and with the consent of the parties, the substantial question of law is re-framed as under: -

(3.) The suit property was originally held by Kurso who died in the year 1973. He had three wives Punibai (plaintiff No.3), Phoolowati (defendant No.1) and Jamawati (plaintiff No.4). Saribai (plaintiff No.2) was his daughter out of the wedlock with Punibai and Khirowati (plaintiff No.1) is also his daughter out of the wedlock with his third wife Jamawati. All the four plaintiffs brought the suit for declaration that the sale deed dated 16-2-1994 (Ex.P-15) executed by Phoolowati (defendant No.1) in favour of defendants No.3 & 4 alienating 3.85 acres of land, is null and void and claimed shares in the suit property.