SADHIN BAI Vs. KANHAIYA LAL SURYAVANSHI

JUDGEMENT

(1.) This appeal is directed against judgment/decree dated 14.12.2017 passed by First Additional District Judge, Janjgir Distt. Janjgir-Champa in Civil Suit No.13A/2015 wherein the said Court dismissed the suit filed by the appellant/plaintiff for declaration of title of the land bearing Survey No.3136/2 area 1.09 acre situated at village Kosmanda, Tahsil Champa Distt. Janjgir Champa and for declaring the sale deed void which was executed on 08.5.1963 by Ramlal in favour of Nanki.

(2.) As per the appellant/plaintiff, the land in question of was allotted to Bisahu in partition between Bisahu and his brother Mahajan. Bisahu had two sons namely Ramlal and Shyamlal and the land in question was again divided between Ramlal and Shyamlal and the same was allotted to Shyamlal. After death of Shyamlal, the appellant/plaintiff got the title over the property in question.

(3.) The appellant is claiming right over the property on the basis of partition that the same is allotted to her husband namely Shyamlal but no document was filed before the trial Court that earlier the property was divided between Bisahu and Mahajan and again it is divided between the Ramlal and Shyamlal, therefore, in absence of documentary evidence, it is not established that the property was allotted to Shyamlal in partition.