JAGDISH CHANDA SHARMA (DEAD) Vs. DROPADI BAI (DEAD)

JUDGEMENT

(1.) Both these appeals have been filed by defendant being aggrieved by the judgment and decree dated 19.12.2001 passed in Civil Suits No.7A/1992 and No.8A/1992 by the Court of Third Additional District Judge, Gwalior, whereby the suit filed by the plaintiff for declaration and permanent injunction has been decreed.

(2.) For the sake of convenience, the facts of Civil Suit No.7A/1992 are taken because the two suits were filed in respect of half of the suit property, which was conveyed by one sale deed and another half of the property having been conveyed by the second sale deed.

(3.) Brief facts of the case are and not disputed between the parties that there is Babu-Rao-Daund-Ka-Bada at Maharani Laxmi Bai Road, Lashkar, having Municipal No.1559 and New No.768/1 situated at Ward No.1. Dropadi Bai-plaintiff no.1 is wife of Babu Rao Daund, who was an employee of the Erstwhile Ruler of Gwalior Estate and who died in the year 1953, whereas plaintiffs no.2 and 3 are his daughters. It is also an admitted position that the plaintiffs had taken various amounts as loan on different dates between 20.01.1959 and 205.1966 after mortgaging their house from the persons who are family members of defendant Jagdish Prasad. It is also an admitted position that the plaintiff had executed a sale deed for half portion of the property on 02.08.1969 and 04.06.1971 another half was sold in favour of the defendant-appellant.