LAWS(JHAR)-2021-6-71

DULARI DEVI Vs. JIALAL BHANDARI

Decided On June 30, 2021
DULARI DEVI Appellant
V/S
Jialal Bhandari Respondents

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of the Code of Civil Procedure by the appellants, who were initially the defendants-1st party.

(2.) A suit for declaration of right, title and interest of the plaintiffs (respondents herein) was filed. They prayed for a declaration on the ground that the plaintiffs are sole heirs of Raghunath Bhandari and they acquired absolute right, title upon the suit property and are in exclusive possession over the same. A further prayer was made that the defendants (appellants herein) are not the heirs of Raghunath Bhandari and have no right, title and interest.

(3.) It was the case of the plaintiffs that the parties are governed by Mitakshara School of Hindu Law and the disputed properties belong to one Hari Chand Bhandari. Hari Chand Bhandari died some time in the year 1934, leaving behind his only son Raghunath Bhandari. Raghunath Bhandari died in the year 1953 and his widow died in 1955. They had three sons, namely, Jialal Bhandari, Hiralal Bhandari and Yugal Bhandari and one daughter, namely, Jibani Devi. It is the case of the plaintiffs that Yugal Bhandari died issueless, leaving behind his widow Shanti Devi. As Shanti Devi was of young age at the time of death of Yugal Bhandari, as per the social customs, she married Motilal Bhandari. After the said marriage, she was blessed with two daughters, namely, Dulari Devi, Asha Devi and three sons, namely, Ram Chandra Thakur, Lakshman Thakur and Bishnu Thakur. Dulari Devi and AshaDevi happen to be the appellants of this appeal, who were the defendants before the Trial Court. It is the case of the plaintiffs that Jibani Devi, i.e., daughter of Raghunath Bhandari died in 1985 leaving behind her son and in that view, plaintiffs have inherited the property belonging to Raghunath Bhandari being sons of Raghunath Bhandari. It is their case that the defendants-1st party (appellants herein) were not the daughters of Yugal Bhandari, rather were the daughters of Motilal Bhandari, thus, they did not acquire any right, title interest over the properties.