MEHTAR ALIAS CHANDRA KUMAR Vs. PHULESHWARI BAI

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 5.9.95 passed by the Third Additional District Judge, Durg, in Civil Appeal No. 37-A/94 allowing the appeal and decreeing the suit of the Plaintiff/Respondent No. 1 and setting aside the judgment and decree passed by the Sixth Civil Judge Class-II, Durg, in Civil Suit No. 34-A/92 dated 20.10.1992. By this judgment and decree impugned, learned lower appellate Court has declared that present Respondent No. 1 owner of the property receiving in lieu of golden and silver ornaments and also entitled for 1/3rd share over the rest property. Cross appeal has also been filed by the Respondent No. 1 in which it has been claimed that present Respondent No. 1 is entitled for 3/8th share instead of 1/3rd share.

(2.) BRIEF facts giving rise to filing of this appeal is that Abhay Ram (original owner of the property shown in para-3 of the plaint) father of the Appellants and Respondent No. 1 died leaving the property shown in para-3 of the plaint. According to claim of Respondent No. 1, she had given 20 tolas of gold and 500 tolas of silver articles to her father and after death of her father, land bearing khasra No. 85 area 1.41 acres, khasra No. 149/1 area 0.16 acre, khasra No. 150/1 area 0.29 acre, khasra No. 150/2 area 0.08 acres, khasra No. 208/8 area 0.52 acre, khasra No. 219 area 0.49 acre and khasra No. 220 area 1.65 acres = 4.60 acres of land was given in the year 1967 to her and since 1967 she came into possession over the said property. Rest land was in joint possession of the Appellants and Respondent No. 1.She demanded partition in the year 1983 and after direction of the Tahsildar she filed civil suit for declaration of her land given in family arrangement and 1/3rd share over the property.

(3.) ON the basis of the averments made by the parties, the trial Court has framed the issues and after affording an opportunity of hearing to the parties, held that in the absence of written deed of transfer of the land which was compulsorily registrable under Section 17 of the Registration Act, 1908 (in short 'the Act, 1908'), no title over the property has been passed upon Respondent No. 1 and dismissed the suit. Judgment and decree was challenged by the present Respondent No. 1 in appeal and learned lower appellate Court has held that the land about 4.60 acres was given in lieu of gold and silver ornaments under family arrangement which does not require any registration and also decreed 1/3rd share over the rest property and allowed the appeal.