KISHUN GOSWAMI Vs. CHAKRADHAR GOSAI

JUDGEMENT

(1.) DEFENDANTS are appellants. Lands of Khata No. 38, detailed in Schedule to the plaint of Title Suit No. 10 of 1979, admittedly, belonged to Jainath Goswami, who left behind three sons, including Bhola as one of them, who had l/3rd share. His share was inherited by his only daughter, Manju, whose name was also recorded in the Revisional Survey. She continued in peaceful joint possession of the aforesaid land along with other co -sharers. Kishun Goswami, defendant No. 6, claimed himself to be grand -son of Sadanand Goswami, husband of Manju.

(2.) A proceeding under Section 145 Cr PC was fought between the plaintiffs, who were admittedly agnates of Manjus father, Bhola, and defendant No. 6 along with his brother Patel Goswami, wherein final order was passed on 3.7.1979 in favour of plaintiffs.

(3.) THE suit was decreed and thereafter appeal filed against the said decree by defendants was also dismissed. Both the Courts below recorded concurrent findings of fact that the suit property was not self acquired property of Manju, rather she had inherited it from her father, Bhola and after her death, under Section 15(2) of the Hindu Succession Act, 1956, those properties devolved in absence of any issue of Manju upon heirs of his father, i.e. plaintiffs. It was also held that Motilal was not adopted son of Sadanand and Manju, and there was no question of development of the property in question upon defendants.