SHANTI BAI Vs. GYANCHAND

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 23.01.1998 passed by Fourth Additional District Judge, Bilaspur, Link Court- Mungeli (M.P.) (Now C.G.) in Civil Suit No. 17-A/1990, wherein the said court decreed the suit filed by the respondent/ plaintiff for possession of suit house bearing house No. 21/1 situated at Gandhi Ward, Mungeli mentioned in Schedule-A of the plaint and for means profit to the tune of Rs. 200/- per year.

(2.) The suit property is a house whose map is shown in Schedule-A of the plaint. A, B, C and D partition of the house shown in map was owned by Mohan Lal, S/o Lunkaran, who died on 26.11.1921 issue-less and after his death, his wife namely Laxmibai inherited the property. The area shown in the map K, Kh, B and C was purchased by said Laxmibai on 25.07.1942 from one Kapoorchand. Kapoorchand purchased the said portion from one Jamunalal Daga by registered sale-deed dated 21.07.1942 and earlier the said portion was purchased by Jamunalal Daga from Ratanchand vide registered sale-deed dated 07.04.1937. Ex. P/2, P/3 and P/4 are three sale-deeds regarding above mentioned three transaction.

(3.) Respondent- Gyanchand is son of Devchand and said Devchand was son of Fattechand, who was real brother of Mohan Lal. Laxmibai executed a registered will on 05.10.1952 (Ex. P/7) in favour of the respondent/ plaintiff- Gyanchand. In the year 1958, Laxmibai died after enforcement of the Hindu Succession Act , 1956. As Laxmibai was absolute owner of the property in the year 1958 who executed will in favour of the respondent- Gyanchand, therefore, he became absolute owner of the disputed house and his name was also mutated in the revenue record vide order dated 02.12.1961 (Ex.P/8). The original respondent namely Sampatlal Jain contested the case on the ground that in the year 1907, Mohan Lal adopted Ratanchand as his son hence, after death of Mohan Lal, Ratanchand became sole owner of the disputed house. It is pleaded on behalf of Sampatlal that Ratanchand is son of Ashkaran who was real brother of Mohan Lal and he is sole legal heir of Mohan Lal, therefore, he is entitled to the property of Mohan Lal. It is pleaded that Sampatlal was adopted son of late Ratanchand, therefore, Sampatlal became the title holder of the disputed house and the suit filed is time barred.