CHHUTIABAI AND ANOTHER Vs. DAMMABAI AND OTHERS

JUDGEMENT

(1.) The appellants / plaintiffs have filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 9.12.1996 passed by the Additional District Judge, Sohagpur, in Civil Appeal No.25-A/1993 reversing the judgment and decree dated 15.9.1993 passed by the Court of Civil Judge Class-1, Sohagpur, District Hoshangabad, in Civil Suit No.8-A/1992, whereby the suit filed by the appellants / plaintiffs for declaration of title, partition and separate possession in respect of their one third share in the suit land bearing Khasra No.71 area 6.56 acres situated at village Dhana, Tahsil Sohagpur, District Hoshangabad was dismissed. In this appeal the appellants are referred to as the plaintiffs and the respondents as the defendants.

(2.) Undisputed facts of the case are that Gunchilal was the father of Gangaram, Mansingh and Battulal, who were in possession of the suit land. Man Singh died in the year 1954 while Gangaram died in 1985. Man Singh's wife predeceased him leaving behind her daughters Smt.Savitribai and appellant Smt.Chhutiabai. Smt.Savitri Bai died in 1972 leaving behind her sole daughter appellant Smt.Sheelabai while respondent no.1 /defendant Smt.Dammabai is widow and respondent no.2 Lalta Prasad is son of late Gangaram and respondents no.3 Smt.Sushila Bai and Smt.Munnibai are daughters of Battulal.

(3.) The facts of the case in brief are that the plaintiffs filed the suit for declaration of title, partition and separate possession in respect of one third share of their father Man Singh in the suit land bearing Khasra No.71 area 6.56 acres situate at village Dhana, Tahsil Sohagpur, District Hoshangabad, alleging that the said disputed land was their ancestral property and they are entitled to one third share of Man Singh in the property. It was further alleged that respondent no.2 Lalta Prasad being the only male member was managing the entire affairs of the property in suit. He used to pay in cash or kind equal to the share of Chhutiabai, however, he has stopped paying since 1991. It was also found from the revenue records that names of Savitribai and Chhutiabai were struck off by respondent Lalta Prasad in collusion with the revenue authorities. On the aforesaid grounds, the plaintiffs have filed the suit for the relief as stated earlier joining Smt.Sushila Bai as defendant no.3 and Smt.Munnibai as defendant no.4 as alleged heirs of Battulal whose whereabouts is not known since 1972.