LAWS(MPH)-1999-4-40

KASIYA Vs. SUKKHI BAI

Decided On April 22, 1999
Kasiya Appellant
V/S
Sukkhi Bai Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dt. 6.8.94 in Civil Appeal No. 3-A/90 by First Additional District Judge, Katni, by which the judgment and decree dt. 24.2.79 in Civil Suit No. 152-A/1977 of Second Civil Judge, Class II, Murwara was reversed and the claim of the plaintiff-appellants for declaration and possession over the suit land was decreed.

(2.) THE facts relevant for the disposal of this appeal are that the original plaintiff Mangal brought a suit praying for declaration that he is the rightful owner of the suit property bearing Khasra No. 17/3, area 2 acres, situate at village Mouza Bohta, Teh. Katni, Jabalpur, having purchased it by registered sale deed 9.5.1966 from Satuliya. The case of the plaintiff was that the suit property was originally of the ownership of Khitiya, husband of Satuliya - defendant No. 3. After the death of Khitiya, the property was inherited by his wife Satuliya - defendant No. 3, and she remained in possession thereof. By registered deed of sale dt. 9.5.1966, the property was sold by Satuliya to Mangal, and he thus became the owner thereof and came in its possession. The defendant No. 1 and 2 are objecting to the transfer of land by Satuliya to Mangal, as above.

(3.) LEARNED trial Court held that defendant No. 3 Satuliya was never married to Khitiya; the brother of defendants No. 1 & 2, and therefore had no right, title or interest over the suit property. Consequently the suit of the plaintiff was dismissed by the trial Court. However, the lower appellate Court, by the impugned judgment, held that since Satuliya cohabited and stayed with Khitiya for a period of five years and the suit property remained in his possession, therefore the presumption was drawn that she was the wife of Khitiya.