KRISHANA KUMARI DEVI Vs. HARIHAR CHANDRA BHANJDEO

JUDGEMENT

(1.) This appeal has been preferred by the plaintiffs to assail the legality, validity and correctness of the trial Court's judgment and decree whereby their suit for declaration of title and ownership over lands and properties in schedule 'A', 'B', 'C', 'D', 'E' & 'G' as also for setting aside the sale deeds shown in schedule 'B', 'E' & 'G' of the plaint has been dismissed. Plaintiffs' prayer for possession of the properties in schedule 'A' (including schedule 'B'), 'E' & 'G' and for a decree to set aside the judgment and decree dated 17-2-1978 in civil suit No.2-A of 1978 of the Court of District Judge, Bastar at Jagdalpur has also been dismissed by the trial Court.

(2.) The main contesting parties i.e. original plaintiff Bharat Chandra Bhanjdeo now represented by his legal heirs/appellants namely; (1) Smt. Krishna Kumari Devi, (2) Kamal Chandra Bhanjdeo & (3) Ku. Gayatri Devi and the original defendants namely; (1) Smt. Hintendra Kumari Devi, (2) Harihar Chandra Bhanjdeo, (3) Devesh Chandra Bhanjdeo & (4) Smt. Subhraj Kumari alias Vedvati now represented by the respondents No.1 to 4 namely; (1) Harihar Chandra Bhanjdeo, (2) Jyoti Kumari Bhanjdeo, (3) Mohit Chandra Bhanjdeo & (4) Kumari Juhika Bhanjdeo are related to each other as they represent different branches of the Royal family of erstwhile Bastar State. Their relationship and status before the trial Court can be better understood through the following genealogical tree (as mentioned in the memo of appeal) :

(3.) The suit land/properties belonged to Bastar State. The Late Maharaja & Ruler of Bastar State Shri Pravir Chandra Bhanjdeo signed the merger agreement with the Government of India (for brevity 'the GOI') on 15-12-1947 through an article of agreement merging the Bastar State with the GOI on or about 1-1-1948. Under Article 3 of the agreement Late Maharaja & Ruler was entitled to full ownership and enjoyment of private properties as distinct from State properties belonging to the Maharaja on the date of agreement.