JHAM SINGH Vs. REWA SINGH

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellants/plaintiffs no.1, 3 and 4 against impugned judgment and decree dtd. 19/2/2019 passed by Second Additional District Judge, Mandla in Regular Civil Appeal No.48-A/2015 [Jham Singh and others Vs. Rewa Singh and others] whereby the appeal of the appellants/plaintiffs has been dismissed and the judgment and decree dtd. 3/7/2013 passed by Civil Judge Class-II, Nainpur, District Mandla dismissing the Civil Suit No.51-A/2012 has been affirmed.

(2.) Facts of the case, in short, are that progenitor of family of the appellants/plaintiffs was Chinna, who had three sons, namely Jhalku, Chhotelal and Gobara. Two daughters were born to Jhalku and his wife-Jhumiki Bai, namely, Jhunni Bai and Guddi Bai. The elder daughter had married to Lakkhu and had four sons. The respondents are sons of Chhotelal and Gobra. The appellants/plaintiffs filed a suit for declaration, injunction and possesion on the ground that Chinna had partitioned his land between three sons and the land which fell in the share of Jhalkhu is the suit land. The respondents submitted that daughter of Jhalkhu did not get the suit property as per their customs.

(3.) Both the courts have held that title of Jhalkhu and customs between the parties are not proved. The suit has been found to be time barred and accordingly, the suit of the plaintiffs has been dismissed.