CHAMELI BAI Vs. UJAGAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 31. 05. 1995 passed by the 4th Additional judge to the Court of District Judge, Raipur in Civil appeal No. 10-A/1995 affirming the judgment and decree dated 7. 1. 1994 passed by the 4th Civil Judge Class-2, raipur in Civil Suit No. 232-A of 1992 whereby the unsuccessful appellants/plaintiffs' suit for declaration of title and mandatory injunction was dismissed.

(2.) ADMITTEDLY, Rameshwar Singh, Vishwanath Singh, nanhe Singh, Dhiraj Singh and Ghanshyam Singh were brothers, being the sons of Raghuveer Singh. Rameshwar singh was the eldest son. Smt. Uma Bai was his widow. They had no issue. Rameshwar Singh died on 6. 10. 1978. On 29. 10. 1979, Vishwanath Singh, Nanhe Singh and Dhiraj singh instituted civil suit No. 232-A of 1992 in the court of Civil Judge Class-II, Raipur for declaration of title and perpetual injunction against Smt. Uma Bai and Ujagar Singh on the ground that Raghuveer Singh, the father of the plaintiffs, had been granted permanent lease over Government Nazul Plot No. 6/356 situated at Gol Bazaar, Raipur (hereinafter referred to as the suit property ).

(3.) THE appellants/plaintiffs had averred that the plot No. 6/356 and construction erected thereon was the property of the joint Hindu family. The respondent/defendant No. 1 Ujagar Singh who was living with the defendant No. 2 i. e. Smt. Uma Bai and looking after the business of Rameshwar Singh had made an application for mutation of his name over plot No. 6/356 on the ground that he was the adopted son of Rameshwar singh. The Commissioner, Municipal Corporation, Raipur ordered mutation of the name of Ujagar Singh over the suit plot bearing municipal No. 6/356. Proceedings under Section 145, 146 of the Code of Criminal procedure were initiated on a dispute regarding possession of the land bearing municipal No. 6/356. Since Ujagar Singh, the respondent/defendant No. 1 was interfering with their peaceful possession, the appellants/plaintiffs sought a declaration that the disputed plot No. 6/356 was the property of joint Hindu family consisting of the appellants/plaintiffs and Uma bai, the respondent/defendant No. 2 and a perpetual injunction was also sought against the defendants -Ujagar Singh and Uma Bai from interfering with their peaceful possession over the suit plot. Respondent/defendant No. 2 Uma Bai's name was deleted from the cause title on account of her death during the pendency of the second appeal on 18. 11. 1995.