SAVITRI DEVI W/O MAHESH CHANDRA Vs. VIPUL CONSUL

JUDGEMENT

(1.) This second appeal as admitted for hearing on the following substantial question of law:

(2.) Having heard the rival contentions of either of the parties, it is evident that Original Suit No. 08/2010 was preferred by the plaintiffs (four real sisters) seeking the cancellation of the registered sale deed dated 18.6.2007 executed by defendant no. 4 Madhubhaskar in favour of late Sri Parmeshwari Prasad Consul, who now has been succeeded by his three legal heirs, and they are the respondents no. 1 to 3 herein. The subject matter of this sale deed was the agricultural land covering the area 29 Nali 6 Muthhi, which Madhubhaskar sold claiming such land fallen in his share in the mutual partition among the three brothers. This land was part of other big land, which was originally owned by Smt. Paruli Devi, who transferred the title of such land to his daughter Smt. Tarawati by way of executing the gift deed. Smt. Tarawati was succeeded by her four daughters (plaintiffs) and three sons (namely Madhubhaskar, Jagdish Ballabh and Ravi Ballabh). She died on 30.11.2002 and after her death, all the three brothers initiated the mutation proceedings as contemplated under Section 174 of the Zamindari Abolition Act, which postulates that the agricultural land after the death of the female owner shall devolve upon her sons. This provision excludes the inheritance by any of the daughters.

(3.) The mutation was executed accordingly. Having got the name mutated, it was claimed by Madhubhaskar that among the three brothers, there was mutual partition and the land, which was the subject matter of the sale deed dated 18.6.2007, has fallen in his share. When the sisters came to know the sequence of events on the part of their real brothers, they initiated the proceedings of mutation bearing Case No. 94/2006-07 on 29.4.2007 on the basis of an unregistered Will dated 27.9.2002 allegedly executed by Smt. Tarawati in favour of her all progeny, viz. four daughters and three sons, whereby all the brothers and sisters were given equal shares.