LAWS(CHH)-2020-5-78

JANAKI BAI Vs. RAMKI BAI

Decided On May 21, 2020
Janaki Bai Appellant
V/S
Ramki Bai Respondents

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this defendants' second appeal is as under: -

(2.) The following genealogical tree would demonstrate the relationship among the parties:-

(3.) The suit property was originally held by one Parasram. Parasram had three sons namely Atmaram, Dhaniram and Baliram. Plaintiff No.1 is widow of Dhaniram's second wife's son and plaintiff No.2 is daughter of Dhaniram, whereas original defendant No.1-Arjun, who died during pendency of first appeal, was son of Atmaram. Two plaintiffs filed a suit against defendant No.1 only for permanent injunction stating inter-alia that the suit land bearing Khasra No.15 area 6.134 hectare fell in their share. They are bhumiswami and possession holders of the said land, which they got in partition pursuant to the order of the Tahsildar dated 9.9.93 (Ex.P-1) and since then, they are cultivating the said land, but in the month of March, 1997, defendant No.1 threatened them not to do the agricultural work and not to alienate the suit property leading to filing of suit only for permanent injunction.