RAISINGH Vs. PREMJI RAO

JUDGEMENT

(1.) Trial Court has dismissed the plaintiffs' suit for declaration of title, permanent injunction and recovery of Rs.5,07,000.00 in respect of house bearing Municipal House No.623, 623/1 Mohalla Tikrapara, Shahid Brigadier Usman Ward, Raipur.

(2.) Plaintiffs' case, as projected before the trial Court, was that the plaintiffs' grand maternal uncle (nana) Late Shanker Rao, S/o Firtu Rao had received part of the suit house in partition, which was recorded in the Municipal records in the name of Shanker Rao. The relationship between the parties has been depicted through a family tree, which is reproduced hereunder :

(3.) The above family tree would indicate that Shanker Rao had one son namely; Dinkar Rao and two daughters namely; Bhagwati Bai & Smt. Chandrakanta Bai. Dinkar Rao was a lunatic and Bhagwati Bai is missing since last 30 years, therefore, Chandrakanta Bai was the sole legal heir of Shanker Rao. After death of Shanker Rao on 19-5-1974 the property was jointly succeeded by Dinkar Rao, Bhagwati Bai & Chandrakanta Bai, but due to the aforementioned facts/reasons Chandrakanta Bai alone succeeded the property and the plaintiffs being the husband, sons and daughter of Chandrakanta Bai would succeed the property. It is also stated that Chandrakanta Bai was earlier married with Pandurang, but after divorce with said Pandurang, she married with the plaintiff No.1 Ram Singh. She executed a power of attorney in favour of the defendant No.1 Premji Rao, who was taking care of the property at Raipur because Chandrakanta Bai was residing at Jabalpur. Chandrakanta died at Alirajpur, District Jhabua on 3-9-2005 and thereafter, the plaintiffs contacted the defendant No.1, but he avoided to meet and inform them about the property.