BHANU RAM Vs. MAHAR SINGH

JUDGEMENT

(1.) This second appeal preferred by the plaintiffs / appellants was admitted for hearing by framing the following two substantial questions of law: -

(2.) The suit property was originally held by Dharam Singh. He died on 9-12-1974 leaving behind his wife Dashmat Bai. Dashmat Bai sold the suit land area 10.17 acres situated at Village Tirkadand, Tahsil Charama, Distt. Kanker, vide Ex.P-1 in favour of the plaintiffs and prior to alienation, the name of Dashmat Bai was recorded in the revenue records which was challenged originally by defendant No.1 Mahar Singh claiming to be the adopted son of Dharam Singh and Dashmat Bai and also challenged the sale deed dated 20-1-1977 before the revenue court. It is the case of the plaintiffs that the sale deed was set-aside by the Commissioner leading to filing of suit for declaration of title and permanent injunction over the suit land area 10.17 acres in which defendant No.1 setup the plea that he is the adopted son of Dharam Singh and Dashmat Bai as per the custom prevailing in the Gond community and the sale deed dated 20-1- 1977 is null and void and prayed that the suit be dismissed.

(3.) Upon appreciation of oral and documentary evidence on record, the trial Court held that the adoption was not proved by defendant No.1, by Dharam Singh and Dashmat Bai and the plaintiffs having purchased the suit land from Dashmat Bai on payment of consideration, and the revenue Court has no jurisdiction to declare the sale deed as void and accordingly, decreed the suit and also granted permanent injunction in favour of the plaintiffs. On appeal being preferred by defendant No.1, the first appellate Court allowed the appeal and set-aside the decree of the trial Court by dismissing the suit holding that adoption by Dharam Singh - original holder of the land and Dashmat Bai is proved and further held that since Dashmat Bai has entered into second marriage after death of her husband Dharam Singh, therefore, she has lost the right to property, even otherwise, Dashmat Bai was the aboriginal tribe and in their custom, widow has no right to alienate the property after death of husband, which has been questioned in this second appeal preferred by the plaintiffs and in which two substantial questions of law have been framed which have been set-out in the opening paragraph of this judgment.