TULSA BAI Vs. SAVITRI BAI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by defendant No.6 is as under:-

(2.) Subject matter of the suit land bearing Khasra No.216/2 area 0.50 acre is situated at village Dansara, Tahsil-Sarangarh, District Raigarh.

(3.) Civil Suit NO.12A/81 (hereinafter called as "Suit NO.1") filed by one Nanhu against daughters of Thanda Ram namely Sonae and Tulsa-defendant No.6 and against one Joginder Singh, father of the plaintiffs herein seeking declaration of title in respect of the subject lands shown in Schedule 'A' to 'E' of the plaint claiming himself to be adopted son of Thandaram, in that suit, present appellant Tulsa Bai, daughter of Thandaram filed written statement and denied the fact of sale by his father in favour of the plaintiff therein. That civil suit was decreed by the trial Court in favour of plaintiffNanhu on 25.3.85 (Ex.P-5) upholding his claim to the property of deceased Thandaram, but in appeal preferred by Sonae and Tulsa, daughters of Thandaram, questioning the judgment and decree of the trial Court of Suit No.1, the first appellate Court by the judgment and decree dated 2.1.86 allowed the appeal and set aside the judgment and decree of the trial Court with regard to the property shown in Schedule 'A' appended with the plaint and the suit filed by plaintiff-Nanhu was dismissed and the judgment and decree of the first appellate Court in Suit No.1 was affirmed by the High Court of Madhya Pradesh in Second Appeal No.13/1986 and ultimately, the SLP filed against the judgment of the second appellate Court was also not entertained by the Hon'ble Supreme Court.