TIWARI BAI Vs. SITA BAI

JUDGEMENT

(1.) This second appeal under section 100 of the Code of Civil Procedure has been filed against the judgment dated 2-9-1995 passed by the first Appellate Court allowing the appeal of the respondents No. I to 3 and reversing the judgment of the trial Court. The trial Court by judgment dated 11-4-1987 passed in Civil Suit No. 119-A/84 had dismissed the suit filed by the respondents No. 1 to 3 and the first Appellate Court by allowing the appeal has decreed the suit of the respondents No. 1 to 3.

(2.) The respondents No. 1 to 3 had filed Civil Suit No. 119-A/84 pleading that the suit property originally belonged to the two brothers Ganpat and Somjya. The plaintiffs are daughters of Ganpat. No partition of properties had taken place between Ganpat and Somjya and after the death of Ganpat, Somjya was giving the agricultural proceeds to the respondents No. 1 to 3 in accordance with to their share and 2 years prior to filing of the suit, the respondent No. 4 Somjya stopped giving the share to the respondents No. 1 to 3 and had illegally sold the suit land to the appellants by executing the sale-deed dated 4-3-1968 (Ex.D/1) and 7-2-1973 (Ex.D/2) in favour of the originally appellant Tiwaribai, the sale-deed dated 20-8-1982 (Ex.D/4) in favour of the originally appellant No. 2 Ratan and the sale-deed dated 23-1-1969 (Ex.D/3) in favour of the respondent No. 7 Bhiliya. Consequently the respondents No. 1 to 3 (plaintiffs) filed the suit for declaration and possession.

(3.) The respondent No. 4 Somjya had not opposed the suit. A joint written-statement was filed by the appellants as well as the respondent No. 7 taking the plea that as per the customs prevailing in the caste concerned, the respondents No. 1 to 3 had lost their right in the suit property after their marriage and, therefore, Somjya was the sole owner of the property and the sale-deeds were lawfully executed by Somjya in favour of these respondents.