ABDUL WASID Vs. MUNNI BAI

JUDGEMENT

(1.) This judgment shall dispose of Second Appeal No.174 of 2005 and 395 of 2005 filed against the judgment and decree dated 13.12.2004 passed by learned Additional District Judge, Chanchoda Camp Guna District Guna in Civil Appeal No.33-A of 2004 which was filed against the judgment and decree dated 21.7.1998 passed by learned First Civil Judge Class-II, Guna in Civil Suit No.288-A of 1996.

(2.) The brief facts of the case are that Sampat Bai (plaintiff No.1), Heera Lal (Plaintiff No.2), Bharon Lal (plaintiff No.3) and Gajanand (Plaintiff No.4) filed a suit for declaration and permanent injunction mainly against defendant no.1 Abdul Wasid. Plaintiffs No.2, 3 and 4 were minors at the relevant time, therefore, they were represented through Smt. Sampat Bai. Originally, the suit was filed against Abdul Wasid and Permanand defendants no.1 and 2 respectively. Defendant no.1 Abdul Wasid is appellant in Second Appeal No.174 of 2005 and defendant no.2 Permanand is respondent no.1 in the said appeal. Sampat Bai has died on 18.2.1990, therefore, she was represented by her two daughters namely Munni Bai and Smt. Binna Bai. During pendency of first appeal, defendant no.2 Permanand also died, therefore, he represented by his two daughters and a son namely Pishta Bai, Sunita Bai and Kewal Chand respectively.

(3.) Plaintiffs filed the suit alleging that the plaintiffs and defendants are joint family members and defendant no.2 being only male member of the family, was sole manager and Karta Dharta of the family. Plaintiff no.1 Sampat Bai jointly with one Moolchand purchased total 2.944 Hectares land on 29.7.1976 for consideration of Rs.35,000/- from one Ramniwas Sharma. The consideration was paid by Sampat Bai by selling her land situated at Chaudhary Mohalla, Guna and ornaments of Parmanand's wife and herself generated the income. The land was purchased in the name of Permanand, and Moolchand purchased the land in the name of his four sons namely Man Singh, Hariom, Devi Singh and Ram Babu. Sampat Bai and Moolchand were having equal share and were owner of 1.472 and 1.472 Hectares of land bearing Survey No.401 and 402 which is referred as 'disputed land'. One Shyamlal was growing vegetables on the land since 1976 for plaintiff No.1 Sampat Bai and thus, the plaintiffs are in possession of the disputed land. Due to habit of drinking of defendant no.2 Permanand, Sampat Bai was managing affairs of family and also looking after welfare of Permanand's wife and children. On 24.12.1982, defendant no.1 Abdul Wasid came to plaintiff no.1 Sampat Bai and informed that defendant no.2 Permanand lost the land in gambling and he I.e. Abdul Wasid has purchased the land. The plaintiff came to know that Permanand sold the land to defendant no.1 Abdul Wasid on 3.11.1982 in drunken condition, when she asked Permanand, he replied that the land has not been sold but mortgaged because, he lost heavy amount in gamble. The disputed land was of the ownership of the joint family of the plaintiff no.1 and defendant no.2, therefore, the land could not be sold by Permanand alone. On 4.1.1983, Abdul Wasid snatched keys of the house and threatened to take possession from the plaintiffs, therefore, the plaintiffs filed the suit for declaration and permanent injunction.