JHUNA BAI Vs. SITA BAI

JUDGEMENT

(1.) THIS is a second appeal by the defendants under section 100 of the Code of Civil Procedure. Ancestors Mangal and Bissu had two daughters, Smt. Renu and Smt. Jhuna Bai (A 1). Smt. Sita Bai (R 1) is daughter of Smt. Renu. Both the sisters Smt. Renu and Smt. Jhuna had inherited land khasra No. 106/2 area 0.182 hectare, khasra No. 66 area 0.470 hectare, khasra No. 8 area 2.679 hectare and khasra No. 14 area 7.600 hectare. Names of Sita Bai (R 1) and Smt. Jhuna Bai (A 1) were jointly entered on these lands. However, Smt. Jhuna Bai (A 1) sold khasra No. 106/2 area O. 182 hectare vide sale deed dated 17.5.84 to Gorelal (A 2) and khasra No. 66 area 0.470 hectare vide sale deed dated 11.12.1990 to Asharam son of Gorelal (A 3) and Sakharam minor son of Gorelal (A 4) without consent of Smt. Sita Bai. On 26.3.1991 Smt. Sita Bai filed this suit for declaration that both these sale deeds by Smt. Jhuna Bai (A 1) were not binding on her and that she is entitled to one half share in the whole property and for permanent injunction against interference in her possession on khasra No. 66.

(2.) APPELLANTS in their joint written statement though admitted the relationship of Smt. Jhuna Bai (A 1) and Smt. Sita Bai (A 1) and that both of them had inherited the property. According to them Smt. Sita Bai (R 1) had never culivated the suit land. Her uncles are cultivating the same lands. One of the uncles Gangoo has constructed a hut on khasra No. 66 and has installed a flour mill thereupon. It was also claimed that Smt. Jhuna Bai (A 1) was in possession of the rest of the land. The right of Smt. Sita Bai (R 1) to claim partition was also denied. However, both the Courts below concurrently held that the suit land initially belonged to the common ancestors Mangal and Smt. Bisso. The same was inherited by Smt. Jhuna (A 1) and her sisters Smt. Renu and Smt. Sita Bai (R 1). Smt. Sita Bai (R 1) is daughter of Renu and had succeeded her and thus is entitled to one half share in the suit property. Sales of land by Smt. Jhuna (A 1) alone in favour of Gorelal (A 2) Asharam and Sakharam (A 3 and A 4) has not been binding on Smt. Sita Bai (R 1) and thus the suit of Smt. Sita Bai has been allowed and declaration and injunction has been granted in her favour.