KISHORI BALA MONDAL Vs. TRIBHANGA MONDAL

JUDGEMENT

(1.) This appeal is from the judgment and decree passed by the learned Subordinate Judge at Asansol whereby the judgment and decree passed by the learned Munsif, 1st Court at Asansol were modified.

(2.) Sm. Kishori Bala Mondal, the appellant, instituted against the respondents a title suit praying for a declaration of her title to the suit property and for order of perpetual injunction restraining the respondents from interfering with her possession.

(3.) The facts relevant for purpose of this appeal are as follows: The suit land originally belonged to one Krishna Majhi who died about 42/43 years ago leaving his second wife Rati Bala as his sole heiress. The plaintiff Sm. Kishori Bala is the daughter of said Krishna Majhi by his second wife said Rati Bala. The first wife of Krishna Majhi pre-deceased him. On the death of Rati Bala, according to the plaintiff, the latter as the sole heiress inherited the suit property and has since then been possessing the same. Krishna Majhi had another daughter named Sasthibala by his first wife. Krishna Majhi died before the Hindu Succession Act came into force and Rati Bala died after the said Act came into force. On the death of Rati Bala her interest in the suit property devolved on her only daughter Kishori Bala, the plaintiff. The said Sasthibala or her sons and daughters who are defendants had neither any title to nor possession in the suit property or any part thereof. As the defendants were threatening the plaintiff with dispossession, the present suit had to be brought.