RAMPYARI Vs. GAJANAND

JUDGEMENT

(1.) Heard.

(2.) This appeal was admitted for hearing on 20/7/2018 on the following two substantial questions of law:-

(3.) The respondent-plaintiff filed a suit seeking declaration of title that the plaintiff, along with his mother Kachara Bai and Savitri Bai, widow of his uncle, jointly owned the properties situated in Village Semariya and in a suit filed by Savitri Bai seeking her share, decree was passed, in which, Savitri Bai was entitled to 1/3rd share in the property as described in Schedule-"A" of the plaint. It was the case of the plaintiff that in revenue proceedings of partition, settlement was arrived at between the parties and Savitri Bai was given 7.03 acres of land. Out of 5.66 acres of land situated in Khasra No.399 & 403, 1.70 acres on western side was given to the share of Savitri Bai, as described in Schedule "A" and remaining 3.92 acres on the Eastern side was received upon partition by the plaintiff. The plaintiff's case was that Savitri Bai, later on, executed sale deed on 1/8/1967 in respect of 2.83 acres of land situated in Khasra No.403 & 399, which was in excess of her share of 1.70 acres of land. Savitri Bai, it was pleaded, had no right to sell more than 1.70 acres of land and therefore, sale in excess of 1.70 acres was in excess of Savitri Bai's right. The plaintiff, though contested before the Revenue Courts, but finally when he lost before the Revenue Court on 16/8/1993, suit was filed. It was also pleaded that when dispute arose between the parties, proceedings under Sec. 145/146 of Cr.P.C. were also initiated and the entire land ad-measuring 2.83 acres was attached and later on, possession was handed over to Supurddar and after that, it was handed over to the defendant No.1. On such pleadings, the plaintiff sought declaratory relief that he be declared titleholder of 3.92 acres of land out of 5.66 acre of land situated in Khasra No.399 and 403. Later on, amendment was carried out in the year 1997 to include the relief of recovery of possession of 1.13 acres of land.