RAVI SHANKER LAKHANLAL MISHRA Vs. RAJINDER KUMAR DUBEY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 9th February, 1994 in Civil Suit No. 19-A/1989 by III Additional District Judge, Bilaspur, whereby the suit claiming declaration, possession and damages has been decreed.

(2.) Undisputably, Chandan Bai was the widow of Chandulal. The appellant/defendant No. 1 Ravi Shanker is the nephew of Chandan Bai, being the son of Lakhanlal who was the brother of Chandan Bai's husband, Chandulal. Chandulal died in the year 1952. It is also now not in dispute in this appeal that after the death of her husband, there was a partition between Chandan Bai and defendant No. 1/appellant Ravishanker, in which Chandan Bai received 4.83 acres of land, situate at village Semarsal, Tahsil Mangeli, District Bilaspur, detailed in schedule to the plaint, which included land bearing Khasra No. 163/8, area 1.73 acres.

(3.) The plaintiff/respondent No. 1 Rajendra Kumar Dubey's case, stated in brief, was that after the partition, Chandan Bai used to manage and cultivate the land which was allotted in her share. However, when father of defendant No. 1 started troubling her, Chandan Bai went to her parents' place at village Karar in the year 1982-83. She lived at village Karar till her death. Chandan Bai executed a Will in favour of plaintiff/respondent No. 1 Rajendra Kumar bequeathing her property, in his favour. The said Will was also got registered by Chandan Bai. After the death of Chandan Bai in May, 1988, the plaintiff/respondent No. 1 became the owner of the suit-property by virtue of the said registered Will executed by Chandan Bai. The defendant No. 1/appellant dispossessed Chandan Bai from the suit-land from June, 1983 and had taken possession of her land. The defendant/appellant No. 1 illegally and unauthorisedly executed sale-deed of the said land bearing Khasra No. 163/8, area 1.73 acre in favour of appellant/defendant No. 2 Rajendra Kumar Pandey in February, 1984. However, since the property did not belong to appellant No. 1 Ravi Shanker, the appellant No. 2 Rajendra Kumar Pandey did not get any title over the said land on the basis of the said sale-deed. Therefore, the respondent No. 1/plaintiff prayed for the relief of declaration that he is the owner of the suit-property and also claimed damages, against the appellants/defendants.