HARKUNWAR BAI Vs. KALABAI

JUDGEMENT

(1.) With the consent of the parties heard on admission.

(2.) The appeal under Section 100 CPC has been preferred by the appellant/defendant No.1 against the judgment and decree dated 12/04/2006 passed by the I Upper District Judge, Ashoknagar in Civil Appeal No.3 -A/2006 confirming the judgment and decree dated 15/02/2006 passed by the Civil Judge Class I, Ashoknagar, District Guna, in Civil Suit No.63 -A/2005.

(3.) The respondents No. 1 -Smt. Kalabai and 2 - Smt. Ramrati Bai are real sisters of one Hukum Singh, who was the title holder and possessor of the suit property fall in survey No.874 area 0.094 hectare. The plaintiffs have filed suit for declaration and injunction in respect of the suit property on the basis of their relation as (real sisters) with the Hukum Singh. Hukum Singh had died on 17/07/2005 without leaving any family member except her two sisters i.e. (plaintiffs).