PINGLI BAI Vs. KHELAN BAI

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of CPC has been filed against the judgment and decree dtd. 02/08/2017 passed by Additional District Judge to the Court of First Additional District Judge, Balaghat (M.P.) in Civil Appeal No.75A/2016 arising out of judgment and decree dtd. 27/10/2016 passed by Second Civil Judge Class-1, Balaghat in Civil Suit No.43A/2014.

(2.) The facts of the case in short are that the plaintiff/ respondent filed a suit for declaration of title, partition and possession on the ground that she is the legally wedded wife of Dharamlal, therefore she has 1/3rd share along with defendants No.1 and 2 in agricultural land bearing khasra No.76/2p area 0.126 hectare, khasra No.100/3x area 0.174 hectare and khasra No.100/6d area 0.186 hectare situated in village Amvlajhari, District Balaghat.

(3.) The defendants filed their written statement denying the plaint averments. It was denied that the plaintiff is the legally wedded wife of Dharamlal. On the contrary, it was pleaded that the defendant No.1 is the legally wedded wife of Dharamlal, whereas defendant No.2 is the child born out of the wedlock of defendant No.1 and Dharamlal and thus, it was claimed that the defendants are the legal heirs and owners of the entire suit property.