RAMKUNWARBAI Vs. RANIBAHU

JUDGEMENT

(1.) This appeal is filed by the plaintiff against the judgment and decree dated 20-3-1978, passed in Civil Suit No. 3-A of 1977, by the Addl. District Judge, Khurai, district Sagar, dismissing her suit for declaration of her title and possession in respect of the suit property detailed in schedules 2, 3, 4, 6, 7 attached to the plaint.

(2.) The relationship between the parties can be better understood by the following genealogy:

(3.) The plaintiffs case is that married wife of Ramchand died about 35 years before filing of the suit. Defendant 1 Smt. Ranibahu was the concubine and through her, Ramchand got a daughter Smt. Komalbai, defendant 2. Raghuvirsingh, Ramesh Kumar and Suresh Kumar, defendants 3, 4 and 5, are Smt. Komalbai's sons through Jwalaprasad, whose elder brother is Mahadeo, defendant 6 and Mahadeo's son Rajkumar is defendant 7. Durgsingh and his three sons formed a joint Hindu family. After the death of Durgsingh and later on Puranchand, the joint family property was succeeded to by Ramchand and his brother Battulal, having 1/2 share each. After the death of Battulal and his widow Smt Indrambahu, the plaintiff became the sole heir to succeed to the 1/2 share of Battulal Similarly, after the death of Ramchand, the plaintiff succeeded to his 1/2 share in the joint property also. Defendant 1 Ranibahu being a concubine of Ramchand and defendant 2, Smt. Komalbai being Ramchand's daughter born through Smt. Ranibahu, have no right to inherit Ramchand's interests in the joint property. The plaintiff therefore, claimed title over entire property left by Ramchand and Battulal detailed in schedules 2 to 7 attached to the plaint. The defendants are, however, in possession of the entire property and they refused to give possession. The plaintiff further pleaded that after Battulal's death, property in schedule 2 was mutated in the name of Ramchand, Battulal's widow Indranibahu and the plaintiff. In collusion with the patwari, Ramchand got his name alone mutated. From the income of joint property, Ramchand purchased : (i) Property described in schedule 3 attached to the plaint in the names of defendant 1 Rani Bahu and defendant 6 Mahadeo, (ii) Property described in schedule 4 attached to the plaint in the names of Raghuvir defendant 3 and Rajkumar defendant 7, and (iii) Property described in schedule 5 attached to the plaint in the names of Smt. Ramkunwar plaintiff and defendant 2 Smt. Komalbai. Therefore, all these properties also become joint property and the plaintiff claimed her title as stated above.