SHRIMATI GITA BAI Vs. SRIMATI SUKHBATI

JUDGEMENT

(1.) This appeal is preferred against judgment and decree dated 06.3.2003 passed by Fourth Additional District Judge, Durg (CG) in a Civil Suit No.37A/2001 wherein the said Court declared 1/8 share to Smt. Sukhbati Bai, Smt. Gunu and legal representatives of Kartikram in the land bearing Survey No.156 Survey No.471/2 area 0.35 and 1.43 acres and again declared 1/4 share to Smt. Sukhbati Bai, Smt. Gunu and legal representatives of Kartik in the land bearing Survey No.485/1 area 1.30 acres situated at village Kasaridih.

(2.) The appellants herein are the legal representatives of Smt. Geeta Bai who was daughter of Tijiya Bai and Sakharam. Land bearing Survey No.156, 471/2 596/1 situated at village Kasaridih areas admeasuring 0.35, 1.43, 0.91 (total 2.69 acres) was owned by one Sakharam who died on 02.8.1965. After the death of Sakharam, property would devolve upon his wife namely Tijiya Bai and his daughter namely Geeta Bai in equal shares. Tijiya Bai will get half share in the property left by Sakharam and half share would devolve upon his daughter Geeta Bai. Half share of Tijiya Bai will be divided between Sukhbati, Gunu and Kartik being successor of Tijiya Bai and Dhanwar and Geeta Bai being successor of Tijia Bai and Sakharam. In all Geeta Bail will get 1/2 of the share for Sakharam and 1/8 share from Teejia Bai and in all she will get 5/8 share of the above mentioned property. Kartikram, Sukhbati and Gunu each will get 1/8 share of the property.

(3.) Survey No.485/1 area admeasuring 0.526 hectare is self acquired property of Tijiya Bai and it will devolve between successors of Tijiya Bai namely Geeta Bai, Kartik Ram, Sukhbati and Gunu and each will get 1/4 share in the said property.