SHANTI BAI Vs. HAIMAN BAI

JUDGEMENT

(1.) THE defendants have knocked the doors of this Court by filing an appeal under Section 100 of CPC assailing the judgment and decree passed by the learned Second Additional District Judge, Guna in Civil Appeal No. 11 -A/1997 whereby the suit of plaintiffs/respondents has been decreed and the judgment and decree passed by learned Trial Court dismissing the suit of plaintiffs has been reversed and set aside.

(2.) IN brief the suit of plaintiff is that the original plaintiffs were Mustafa Khan, Hatim Khan, Jumman Khan and Waheed Khan. The original defendants are Shanti Bai, Prem Narayan, Bhujbal and Haricharan. Mustafa Khan, Hatim Khan and Jumman Khan are the sons of Shakkar Khan (Shakur Khan). Rustam Khan was also the son Shakur Khan. In brief the suit of plaintiffs is that they are the Bhoomiswami of the agricultural land which is the subject matter of the suit. According to the plaintiffs their father Shakur Khan was in the service of military and was a T.B. patient as a result of which he became infirm and ultimately at the age of 91 years he heavenly abode. It is the further case of the plaintiffs that possession of Survey No. 1271, which is the part of suit land, was taken by the father -in -law of defendant No. 1, namely, Dangal from Shakur Khan, by taking his undue advantage of his infirmity. Similarly, another Survey No. 879, which is also the part of suit property, was illegally possessed by Radhey Lal in the year 1957 and thereafter with the collusion of Patwari incorrectly got their name recorded as shikimi (Sub -tenant) in the revenue record. In the plaint, it has also been pleaded that said Dangal died 10 years prior to the filing of the suit (suit was filed on 26 -4 -1977) and defendant No. 1 is his heir (daughter -in -law). After the death of Dangal and Shakur Khan, no agreement was executed between plaintiff and defendant No. 1 to give the suit property on lease.

(3.) DURING pendency of the suit one of the plaintiffs Mustafa died and his L.Rs. were brought on record. Similarly, on account of the death of defendant No. 3 Bhujbal Singh his L.Rs. were brought on record.