RAMSATAV Vs. SAHODRA BAI

JUDGEMENT

(1.) This second appeal by plaintiffs/appellants is directed against the judgment and decree dated 28.02.2005 passed in Civil Appeal No.24- A/2005 by District Judge, Balaghat District Balaghat arising out of judgment and decree dated 04.09.2003 passed in Civil Suit No.2-A/2002 by Civil Judge, Class-2, Baihar, District Balaghat.

(2.) By the instant suit, the plaintiff has sought a declaration that Sahodra Bai is not the daughter of Pathe @ Bhujwal and had no right to bring the suit for partition and the judgment and decree passed in favour of defendant Sahodra Bai in Civil Suit No.10 A/1991 is not binding on them and further for permanent injunction to restrain the defendant No.1 Sahodra Bai from interfering in the possession. It was pleaded that the defendant No.2 and 3 and late Pathe @ Bhujwal had earlier sold 12.6 acres of the land from the suit property to plaintiff and others. It was further pleaded that defendant No.2 and 3 sold 8.06 acres of land to the plaintiffs whereas late Pathe who died issueless had sold his entire share in the suit property to the plaintiffs and since then plaintiffs are in exclusive possession of the suit property.

(3.) It is undisputed that the suit property belonged to one "Jhadu" who died on 25.08.1956. Jhadu had three sons Ramswaroop/defendant No.2, Pathe @ Bhujwal (since deceased) and Umesh Singh/defendant No.3 who had no issue. The plaintiffs are the sons of defendant No.2 Ramswaroop. Earlier on 08.02.1991, the defendant No.1 Sahodra Bai filed a Civil Suit No. 10 A/1991 against the defendant No.2 and 3 seeking partition and possession of the suit land. The said suit was resisted on the ground that Sahodra Bai is not the daughter of Pathe @ Bhujwal. The said suit was however decreed in the favour of defendant No.1 Sohadra Bai holding that she is a daughter of Pathe @ Bhujwal. The aforestated judgment and decree in favour of Sahodra Bai was challenged by Ramswaroop and Ummed by way of First Appeal No.58 A/1998 and the same was dismissed on 08.01.1999.