GANGABAI Vs. TULSIRAM

JUDGEMENT

(1.) This appeal under Section 100 of the C.P.C. is at the instance of the plaintiff in the suit challenging the judgment of the trial Court as well as the first appellate court, whereby the suit for declaration, possession and mesne profit filed by the appellants has been dismissed and the judgment of the trial Court has been affirmed in appeal.

(2.) The relationship between the parties in the matter is undisputed. Radhibai, the original owner, had 4 daughters Gangabai (plaintiff No.1), Dhapu Bai (plaintiff No.2), Shanta Bai (defendant No.3) and Late Gopibai. Hariram (defendant No.4) is son of Gopibai and Tulsiram (defendant No.1) is son of Shantabai (defendant No.3) and defendant No.2 Sakubai is wife of Tulsiram.

(3.) The appellants (plaintiffs) had filed the suit pleading that Radhibai had received 21.582 hectare land in partition, of which she was the sole owner in possession. Radhibai had died about 4 months prior to the filing of the suit and on her death all 4 daughters of Radhibai had 1/4th share each, but the respondents i.e. original defendants Tulsiram, Sakubai and Shantabai without intimating the appellants, had got the suit land illegally mutated in their name and had refused to give the share to the appellants, therefore, the suit was filed.