JAMUNA BAI Vs. BHOLARAM

JUDGEMENT

(1.) This is a second appeal by the defendant under S. 100 of the Code of Civil Procedure (to be called as "Code" only).

(2.) Bholaram (R. 1) and late Nanhu were brothers. Jamuna Bai (the appellant), is widow of late Nanhu. Bholaram (R. 1) had filed a civil suit for declaration of his title and that the appellant had no right to get partitioned khasra Nos. 7, 121, 125 and 160 area 44.25 acres land revenue Rs. 119.99 paise situate at village Jogla, Tehsil NarsurullhaganJ, District Sehore (to be called as "suit land" only). Such a civil suit No. 14-A/83 (Bholaram v. Jamuna Bai and another by the Civil Judge, Class II, NarsurgullahganJ), was dismissed and both Bholaram {R. 1) and Smt. Jamuna Bai (appellant) were found to be joint owners of the suit lands. However, Civil Appeal No. 14-A/93 (Bholaram v. Smt. Jamuna Bai and another) was allowed on 24-3-1995 by the Second Addl. District Judge, Sehore Camp Narsurullahganj and Bholaram (R. 1) was declared the sole owner of the suit land and Smt. Jamuna Bai (the appellant) was held to have no right or title in the suit lands,

(3.) On the other hand appellant disputed that Bholaram (R.I) and his brother late Nanhu ever formed a coparcenary. According to her they were co-owners of equal shares. The whole land did not pass to Bholaram {R. 1) by survivorship. According to her after death of her husband Smt. Jamuna Bai (appellant) has been in possession of V6 share of the auit land and has been cultivating the same with the help of her son-in-law and servants. Her name continued since 1948 in revenue papers with the knowledge and consent of Bholaram (R, 1). Both Smt. Jamuna Bai (appellant) and Bholaram (R.1) had sold some property jointly and had shared the price also jointly. According to her she had acquired right in 1/2 share by long, open and peaceful possession. She claimed her exclusive possession of an area 3.98 acres out of 7.88 acres area of khasra No. 7 and on area 18-25 acres out of 33.90 acres, out of khasra 180. It was claimed that the son-in-law of Smt, Jamuna Bai (appellant) was sent to Jail as Bholaram (R. 1) withdrew his surety bond and thus she had applied for division of land. As already seen the stand of Bholaram (R. 1) was negatived by the trial Court while the first appellate Court agreed with him.