BHAGWATI BAI Vs. MEERA BAI

JUDGEMENT

(1.) THIS second appeal under section 100 of the C.P.C. is at the instance of the defendants in the suit challenging the concurrent judgment of the two courts below. The trial Court by judgment dated 30th September, 2000 has decreed the suit filed by the respondent No.1(plaintiff) Meera Bai and the first appellate Court by the judgment dated 28th August, 2004 dismissed the appeal preferred by the appellants.

(2.) IN brief, the respondent No.1 (plaintiff) has filed the suit for declaration and permanent injunction pleading that Mohanlal was the father and Shyama Bai was the mother and Mst. Kari Bai Joje Gulab was the maternal grandmother of the respondent No.1 whereas the respondent No.2 Sohanlal was the paternal uncle of the respondent no.1. The suit properties belonged to Mst. Kari Bai. Kari Bai had executed the will dated 22.04.1983 in favour of the Shyama Bai and Mohanlal. Kari Bai had executed the sale deed dated 30.11.1987 in favour of the respondent no.1. Shyama Bai had died in October, 1988 and Kari Bai had died in 1989.

(3.) BOTH the courts below have found in favour of the respondent (plaintiff) and the decree has been passed in favour of the respondent no.1 by declaring that by the sale deed dated 13.01.1994 the respondent no.2 had right to sell only 2 1/2 acres to the appellant no.1 and, therefore, the sale deed executed by the appellant no.1 to the appellants no.2 and 3 is partly valid only to the extent of 2 1/2 acres.