DULARI BAI (NOW DEAD) Vs. LRS

JUDGEMENT

(1.) Both the appeals are heard and decided together by this common judgment as they are arising out of the impugned judgment and decree dated 07.08.2002, passed by the Additional District and Sessions Judge, Bemetara, District - Durg, in Civil Appeal No.105- A/2002 and in Civil Appeal No. 108-A/2002 respectively, whereby the judgment and decree passed by the learned Court below on 31.01.1997, in Civil Suit No.62-A of 1994 was confirmed.

(2.) The appellants in S.A. No.346/2002 shall be referred to as appellants and the appellants in S.A. 255/2003 shall be referred to as respondents.

(3.) Plaintiff - Dulari Bai now dead and represented through legal representatives has pleaded in the plaint before the trial Court, that suit property as mentioned in the schedule of the plaint was ancestral property of her husband - Hari Prasad. After death of Hari Prasad on 25.11.1988, the plaintiff became the sole successor of the suit property. The husband of plaintiff - Hari Prasad was mentally unsound since 1975, till the date he died. On June, 1992 plaintiff came to know that names of defendants/respondents have been entered in the records of rights in a fraudulent manner, by obtaining signature of the plaintiff by deceit jointly, with the plaintiff. Plaintiff had never submitted any application for jointly recording the names of defendants No.1 and 2 in the record of rights and neither any rights were transferred in favour of the defendants No.1 and 2. Therefore, she has prayed for declaration of title over the suit property, along with relief of permanent injunction against the respondent No.1 and 2 and in the alternative relief of possession was also prayed for along with mesne profit.