GYANCHAND Vs. SUSHILA BAI

JUDGEMENT

(1.) THE unsuccessful defendant has filed this second appeal assailing the judgment and decree passed by the learned first appellate Court decreeing the suit of plaintiff/respondent No. 1 by reversing the judgment and decree passed by the trial Court.

(2.) A suit for declaration of Bhumiswami right and possession has been filed by the plaintiff on the averment that she is the wife of defendant/ appellant. Some matrimonial dispute arose between them, as a result of which a caste panchayat was assembled and both the parties namely plaintiff and defendant No. 1 narrated the circumstances to the Panchas. According to the plaintiff, both the parties agreed to get the matter decided by the Panchas. The Panchas after hearing both the parties passed an award on 20.2.1982. Since the conditions embodied in the arbitration award (Ex. P-8) were not fulfilled by defendant No. 1, the plaintiff filed a suit on 28.10.1988 for compliance of the directions given in the award and thus, it has been prayed that in terms of the award, the possession of suit property be delivered to her and she be declared Bhumiswami of the suit property which is agricultural land.

(3.) THE trial Court after framing the necessary issues and after recording the evidence came to hold that without the consent of the defendant/ appellant, forcibly his signatures were obtained on the award dated 20.2.1982. Accordingly to the trial Court, no rights are accrued to the plaintiff on the basis of the said award and the suit is barred by time. Eventually, the trial Court dismissed the suit.