LAWS(ALL)-2012-8-187

AJAI KUMAR GUPTA Vs. USHA SHARMA

Decided On August 24, 2012
AJAI KUMAR GUPTA Appellant
V/S
USHA SHARMA Respondents

JUDGEMENT

(1.) This appeal is against the original judgment of the court below. The facts of the case unfolds the usual story--sale of entire property of the deceased by one of the co-heirs, after getting mutated in his or her name surreptitiously and the vendor falls back on section 41 of the Transfer of Property Act to protect the sale.

(2.) Durga Datt Mahay (father of the plaintiff and of defendants no. 1 to 5) was the owner in possession of the property described as KF-94, New Kavi Nagar, Ghaziabad, U.P., a residential house having two storey building. He was perpetual lessee of the plot from Ghaziabad Development Authority. He retired as an Additional District Magistrate (Judicial) in the year 1969 from Meerut. After his retirement, he got constructed the house thereon. Sri Durga Datt Mahay constructed ground floor and and resided in the front portion with his wife Ratna Mahay (somewhere typed as Ratna Devi) and with his one of the daughters Km. Kamlakshi Mahay who was mentally and physically handicapped. Durga Datt Mahay had seven daughters. During his life time unfortunately, one of his daughters namely Smt. Vashundhara Sharma became widow on 15th of September, 1980. He permitted the widowed daughter to construct first floor under a registered instrument dated 6th of September, 1981. Sri Durga Mahay expired on July 9, 1987. He left behind him his widow Smt. Ratna Mahay, seven daughters namely Smt. Usha Sharma (plaintiff), Smt. Chanchal Sharma (defendant no.1), Smt. Nirmal Sharma (defendant no.2), Dr. Smt. Tripti Srivastava (defendant no.3), Smt. Vashundhara Sharma (defendant No.4), Smt. Malti Sharma (defendant no.5) and Km. Kamlakshi Mahay.

(3.) Km. Kamlakshi Mahay died on 10th of January, 1991 and was survived by her sisters and mother.