SUKHIBAI Vs. LIMYA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 22 -8 -1974, passed by Shri S.S. Dwivedi, Additional District Judge, West Nimar, Khargone, in Civil Appeal No. 15 -A of 1968 deciding the appeal against the judgment and decree dated 11 -1 -1968 passed by the Civil Judge Class I, Khargone in Civil Suit No. 20 -A of 1966.

(2.) FACTS leading to this appeal in short are that one Bhagwan s/o Rama filed a snit in the Court of the Civil Judge Class II, Khargone for declaration of his title on the ground that in village Salwan, agricultural land bearing Khasra No 187 area 2 acres is mutated in the name of the plaintiff and defendants Ganpat, Sakharam and Kadva. The land originally belonged to one Rama who bad three sons Ganpat i.e. plaintiff, Vitthal and Bhagwan. Vitthal had two sons, namely, Sakbaram and Kadva As such, the plaintiff and defendant No.1 are brothers and defendants No.2 and 3 are the sons of the deceased brother Vitthal.

(3.) DURING the pendency of the suit before the trial Court, the defendants No. 1 and 3 died and their legal representatives were brought on record. The legal representatives of the deceased Kadva admitted the claim of the plaintiff. However, Ganpat in his life time and Sakharam, the defendant resisted the suit on the ground of their title on the suit land. They denied that they have relinquished their claim in the suit land. The execution of the so called agreement was also denied by them. It was averred on their behalf that although plaintiff had incurred all the expenses on the funeral rituals and other religious rites on the death of the mother of the plaintiff but they did not relinquish their rights in the suit land in lieu of the share of the expenses, instead they had agreed to pay their share after the settlement of account. Some legal pleas were also raised pertaining to maintainability of the suit and admissibility of the agreement of relinquishment. The trial Court decreed the suit of the plaintiff. aggrieved by which the defendant No. 1 filed the civil regular appeal before the additional District Judge, Khargone, who vide impugned judgment and decree reversed the finding of the trial Court and dismissed the suit. Hence this appeal.