HARI SHANKER Vs. KALI BAI

JUDGEMENT

(1.) THIS second appeal has been preferred at the instance of defendant who has lost from both the Courts below.

(2.) THE plaintiff Kali Bai filed suit for declaration that she is having half share in the suit property and is Bhumiswami to that extent, with a further prayer that defendants be restrained from interfering in her possession on the suit land. The plaintiff further prayed the sale deed dated 27-8-1984 to the extent of half share of the plaintiff be declared as void ab initio and by the said sale deed her rights are not affected.

(3.) ACCORDING to plaintiff, one Natthu was the owner of agricultural suit land which was his ancestral property. After the death of Natthu, his widow Chhabi Rani (defendant No. 1) sold the property to the appellant Hari Shanker. Though after the death of Natthu plaintiff is having right, title and interest in the property as she being her daughter.