CHANDA BAI Vs. PHUL BAI

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 16-7-2002 passed by the District Judge, Raipur (CG) in Civil Suit No. 138- A/1999 wherein the said court decreed 1/3rd share of the appellant/plaintiff in property situated at village Nawagaon bearing Khasra No. 287/7 area 0.809, 491/24, 0.287, 492/2, 0.032, 493/2, 0.158, 494/2, 0.202, 53/4, 0.971, 197, 0.134, 242/2, 0.142 and directed the revenue authorities to go for actual partition as per Section 54 of the CPC, 1908.

(2.) Appellant filed suit for partition and declaring the sale deed executed in favour of respondents No. 2 to 5 and 7 by Keja Bai, who is mother of the appellant. Appellant claimed half share over the property in question but the trial court declared her 1/3rd share. The appellant also claimed right over the house and barn situated at village Nawagaon by his father namely Kamdar and mesne profits but the trial court decreed 1/3rd share of the land and did not decree for the rest of the claim that is why appeal is filed.

(3.) Learned counsel for the appellant would submit as under: