SOSAMMA Vs. MATHURA BAI

JUDGEMENT

(1.) THIS appeal is directed by the plaintiff-appellant being aggrieved by the order and decree dated 2.9.1998 passed by the Second Additional District Judge, Hoshangabad in Civil Original Suit No. 40-A/90 dismissing his suit for declaration by allowing the respondent's application filed under Order 7 Rule 11 of the CPC.

(2.) THE facts giving rise to this appeal are that the appellant filed a suit for declaration that the order passed by the Additional Commissioner of Bhopal- Hoshangabad Division in Revenue Revision No. 8/88-89, vide dated 5.8.1989 is illegal, void and contrary to law and not binding against her and also prayed against respondent No. 1 to declare her Bhumiswami of agricultural land comprising survey No. 9/2 and 10 acres 1.34 and 0.728 respectively total area 2.112 along with the house and well constructed by her on it, situated at village Mohala. As per contention of the plaint, the appellant bought the aforesaid land with consideration from the late Brij Lal, son of Muluwa Gond, r/o Mohhalla Tahsil, Itarsi who was original tribal by cast, vide registered sale deed dated 25.4.1979. In pursuance of such sale deed her name was also mutated in revenue record and Rin Pustika was issued to her on dated 28.5.1982. Some part of land was diverted for residential purpose, said seller Brijlal died on 30.1.1986 without leaving any natural heirs the wife, daughter or son. On dated 18.2.1986 the respondent No. 1 being wife of the nephew of said Brij Lal filed an application under section 170-B under the M.P. Land Revenue Code, 1959 (in short the "Code") in the office of Gram Panchayat. The same was entertained by the SDO, Itarsi on dated 25.2.1986 as revenue case No. 1-A 03/1986-87 whereas the aforesaid provision of Code was not applicable to the said transaction of sale. In the life time of the nephew of Brijlal who would have been natural heir the respondent No. 1 had not any locus standi to file such proceedings.

(3.) IN the written statements of the respondent No. 1 the averments pleaded by the appellant being contrary to the right of respondent No. 1 are denied. The aforesaid transaction of sale deed and execution on 25.4.1979 by late Brijlal are also denied and she claimed her title over the dispute land by virtue of gift deed dated 18.2.1986 executed by said Brijlal in her favour. Accordingly, she justified the orders passed by revenue authorities by virtue of section 170-B of MPLRC.