KALABAI Vs. DEVANTIN BAILABIC

JUDGEMENT

(1.) Heard.

(2.) Facts of the case would reveal that Devantin Bai, Santosh Kumar, Jagdish and Santoshi four persons filed a suit against Kala Bai, Krishna, Gayatri, Pradeep, Mahendra, Sukhwaro and Bharat defendants. In the said civil suit declaration was sought for alongwith injunction that defendants do not have any right or title over the property. In the said suit counter claim was also filed by the defendants. It was stated that Kala Bai the defendant was born from one lady named Bulchi and Bulchi was not married to Chamra through whom property devolved. It was further stated that mother of the Kala Bai namely Bulchi during the life time of Chamra had left him and started staying with another person, therefore Kala Bai and their heirs do not have any right over the property of Chamra and after death of Chamra in order to grab the property mutation of the name in the revenue records were made.

(3.) The defendants stated that original land was held by Pachkaud he had four sons and Maheshu @ Chamra was one of them. It was stated that one Mahesh @ Keshu died issue less and therefore after death of Pachkaud and his wife, land were mutated in the name of Ratiram, Maheshu (Chamra) and Chamanlal. It was stated that father of Kala Bai was Maheshu (Chamra), therefore she was entitled to one third share in the land of Maheshu @ Chamra. It was stated that Kala Bai born out of the relation of Bulchi and Maheshu. However, subsequently after death of Maheshu in 2004 her right to property was denied and counter claim was made claiming one third share by partition and possession.