KAMIABAI Vs. MARUBAI

JUDGEMENT

(1.) APPELLANT/plaintiff has filed this appeal under Section 96 of the CPC against the judgment and decree dated 30. 8. 1999, passed by Additional District Judge Barwah, District West Nimar in civil suit No. 2. A/92, dismissing her suit for declaration of title and possession of the suit house.

(2.) ADMITTED facts of the case are that one Ghisaji was the owner in possession of the suit house situated at Ward No. 9. House No. 46, at village Sanawad and Ghisaji expired on 19. 1. 1988. It is also the common ground that Ghisaji got married with one Rupabai and they had no issue from the wedlock. It is also the common ground that defendant No. 1 Marubai has executed a registered sale deed of the suit house on 13. 6. 1990 in favour of defendant Nos. 2 and 3. It is also the common ground that first husband of Marubai was Natthu Rathor of village Dhamnod.

(3.) THE case of the appellant/plaintiff is that Marubai has no right and title on the suit house and she without any authority executed the sale deed dated 13. 6. 1990 in favour of respondent Nos. 2 and 3 that the first husband of Marubai Natthu Rathor was alive when she performed alleged marriage with Ghisaji; that the marriage was also void as wife of Ghisaji Smt. Rupabai was alive at the time of alleged marriage of Ghisaji with defendant No. 1 : It is alleged by the plaintiff that she is the daughther of brother of Ghisaji and as Ghisaji has died intestate the appellant plaintiff has become the owner of the suit house.