A. PRITAM Vs. BHARATRAM SAHU

JUDGEMENT

(1.) This second appeal preferred by the appellants/LRs. Of original plaintiff was admitted for hearing on 02/04/2019 by formulating the following two substantial questions of law :-

(2.) Original plaintiff Sunher filed a suit for declaration of title and recovery of possession stating inter alia that the suit property bearing Khasra No. 86.1 area 4.10 decimal was originally held Hirau S/o Bhukhau Satnami which he obtained from plaintiff's uncle Sukrit Satnami. Hirau only had one daughter namely Shyambai who was brought up and taken care of by the plaintiff after the death of Hirau. After the death of Shyambai, original defendant No. 1 Kapil got his name mutated in the revenue records on 27/10/78 against which the appeal preferred was dismissed by the S.D.O., as such, defendant No. 1 has no right or title over the suit property and he further had no right to alienate the suit property in favour of defendant No. 2 Johan vide sale deed dated 05/07/1980 (Ex. D/1).

(3.) Defendant No. 1 filed his written statement stating inter alia that he had right, title over the suit property and he has rightly alienated the said suit property in favour of defendant No. 2 as he was the brother of Chaitu Satnami husband of Shyambai and after the death of Chaitu Satnami, Shyambai married with him in Choodi form. Defendant No. 2 also supported defendant No. 1 stating that he has purchased the suit property from defendant No. 1 as Shyambai was the title-holder of the suit property and defendant No. 1 being her husband was fully entitled to alienate the suit property in his favour.