BANSDEV Vs. MANDEV
LAWS(CHH)-2019-12-64
HIGH COURT OF CHHATTISGARH (FROM: BILASPUR)
Decided on December 10,2019

Bansdev Appellant
VERSUS
Mandev Respondents




JUDGEMENT

SANJAY K.AGRAWAL,J. - (1.)This second appeal preferred by the plaintiffs/appellants herein was admitted for hearing on the following substantial question of law :? "Whether finding of the Court below dismissing the Plaintiffs' claim by holding that in absence of seeking the relief of possession by virtue of proviso to Section 34 of the Specific Relief Act, 1963 despite observing that Plaintiffs are mere heirs of said Dilwaso Bai, is perverse ?"
(For the sake of convenience, parties would be referred hereinafter as per their status and ranking shown in the suit before the trial Court.)

(2.)Sukhi Khairwar had two sons namely Hari and Uday. ? Hari Khairwar had only son Ramdhani, who died issueless leaving behind the suit land to her wife namely Dilwaso Bai as a limited owner. ? Uday Khairwar had four sons, being plaintiff No. 1 - Bansdev, plaintiff No. 2 - Siju, plaintiff No. 3 - Harvansh and one Teja who died leaving behind two sons i.e. defendant No. 3 - Ganesh and defendant No. 4 - Parmeshwsar. Defendant No. 1 - Mandev and Defendant No. 2 - Amavasya Devi are son and respectively.
(3.)The three plaintiffs filed a civil suit only for declaration of title and permanent injunction stating inter alia that in 'Khairwar' caste, a widow gets limited right in the suit property left behind by her deceased husband. She does not have the right to alienate the suit property nor can she execute a Will deed and can only do so if it is the self?acquired property, as such, Ramdhani Khairwar's widow namely Dilwaso Bai too, only inherited the suit land as a limited owner after the death of her husband and then, she too died on 16/11/2002. After her death, plaintiffs have become the title?holders of the suit land.


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