DALSO BAI Vs. HALKO BAI

JUDGEMENT

(1.) THE plaintiff, feeling aggrieved by the judgment and decree dated 9th July, 1993, passed by 1st learned Additional District Judge, mandla in Civil Appeal No. 2-A/90 allowing the appeal of defendants and thereby dismissing the suit of plaintiff, has preferred this second appeal.

(2.) IN brief, the case of plaintiff is that the original male member of the family was Durgu who was having two sons namely Sumera and Bahadur. Ratni bai was the wife of Sumera. However, she remarried to Bahadur. From the wedlock of Bahadur and Ratni Bai one son namely Ranmat was born. Ranmat died issueless. Durgu, Sumera and Bahadur have died, as a result of which the suit property which is agricultural land and description whereof has been mentioned in the plaint, was devolved in Hanumat who is the son of Sumera. Indeed, the original plaintiff is Hanumat. However, on account of his death, dalso Bai being her daughter and L. R. was brought on record as plaintiff.

(3.) IT is the further case of plaintiff that after the death of Bahadur, Ratni Bai who was earlier the wife of Sumera and after the death of Sumera remarried to bahadur, solemnized third marriage with one Barati from whom Imrat was born. According to the plaintiff, Imrat started living with his mother Ratni along with hanumat and by taking undue advantage, got his name endorsed in revenue record along with Hanumat, though, Dalso Bai the daughter of Hanumat became sole owner of the suit property after the death of her father Hanumat. According to the plaintiff, since Ranmat was not having any heir, his right would devolve in hanumat and from Hanumat the right in suit property would devolve to Dalso bai. The present suit has been filed for declaration and possession of the suit property.