PUNNA CHAMAR Vs. BALDUA

JUDGEMENT

(1.) THESE two appeals were preferred by plaintiff Mst. Shyam who died during the pendency of the second appeals and present appellants, who are her legal representatives, have been brought on record. Undisputedly the deceased plaintiff/appellant Mst. Shyam Bai was widow of Chhota Chhamar and after the death of Chhota she re -married with present appellant No. 1 Punna Chamar s/o Nandu Chamar and other appellants are her son and daughter born from her second husband Punna Chamar.

(2.) DECEASED plaintiff Shyambai filed civil suit for declaration and injunction in respect to certain agricultural land which is the subject matter of the suit. According to plaint averments, plaintiffs late husband Chhota Chamar was Bhumiswami of the suit property and it was his self acquired property. According to her, the suit land was allotted by the Government to her husband Chhota 40 years prior to the date of filing of the suit (suit was filed on 23 -12 -1983). Chhota had died 20 years prior to filing of suit i.e. in the year 1963 and since she is the class -I heir of deceased Chhota Chamar, Bhumiswami rights are devolved in her. The plaintiff in alternative also pleaded, acquiring of Bhumiswami right by adverse possession. According to her, defendant No. 2 namely Kanchhedi is not the brother of Chhota nor he is the son of Mangaliya Chamar and he without any authority, after the death of her husband Chhota Chamar, got his name mutated along with her in revenue record, which came into the knowledge of plaintiff in the month of November, 1983. It has also been pleaded that the defendant No. 2 Kanchhedi never possessed the land in question and at present also he is not possessing the same.

(3.) ON the basis of these premised pleadings, it has been prayed that by decreeing the suit it be declared that plaintiff is Bhumiswami of land in question having possession over it and defendants be restrained from interfering in her possession.