DURGA DEVI Vs. MUNNI RAI

JUDGEMENT

(1.) Heard the parties.

(2.) The main issues framed by the Courts below were as to (i) whether Chandan Lohar was the adopted son of Bodro Lohar, (ii) whether Sukarmani Loharin was the legally wedded wife of Bodro Lohar and as to (iii) whether plaintiff acquired any right, title and interest over the Schedule "A", "B" and "C" lands by virtue of sale deed dated 17/03/1970, 13/02/1974 and 10/04/1974.

(3.) The Courts below on appreciation of oral and documentary evidence led by the parties, came to the findings that Sukarmani Loharin was the legally wedded wife of Bodro Lohar but Chandan Lohar was not the adopted son of Bodro Lohar. So far as the 3rd issue is concerned, I find that on perusal of documentary evidence the lower appellate court concurred with the findings of the trial court that the Chandan Lohar Defendant No. 3 sold 1 acre and 8 decimals of lands out of 6.09 acres of Khata No. 228. Sukarmani Loharin being the legally wedded wife of Bodro Lohar was entitled to sell the lands beyond the sale deed Exhibit-1, 1 (A) and 1(B). The Courts below declared that the plaintiff Ram Bilas Rai was having right, title and possession with respect to the lands under Exhibit-1 and 1 (A) and not with respect to the lands of Schedule "C" to the plaint.