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2023 Supreme(Chh) 100

GOUTAM BHADURI, N. K. CHANDRAVANSHI
Radha Bai W/o Sh. Kamal Prashad @ Mallu – Appellant
Versus
Jeet Ram Kosariya S/o Sukhau Kosariya – Respondent


Advocate Appeared:
For the Appellant :Shri Sanjay Patel and Shri Qamrul Aziz, Advocates
For the Respondent:Shri Aishwarya Pandey and Shri Pravin Kumar Tulsyan, Advocates, Smt. Meena Shastri, Additional, Advocate General

JUDGMENT :

Goutam Bhaduri, J

1. Heard.

2. The present appeal is directed against judgment and decree dated 06.7.2017 passed by the Additional District Judge, Bilaspur in Civil Suit No.197A/2015 whereby civil suit filed by the plaintiffs for declaration was dismissed. Hence, this appeal.

3. Plaintiff No.1 Radha Bai, who claims the share through her mother India Bai @ Indira Bai in respect of the property bearing Khasra No.176/1 and 177/1 total land admeasuring 0.20 decimal that she is co-sharer of the land. The property was sold by one Jeet Ram Kosariya, defendant No.1 in favour of defendants 2 & 3 by sale deed dated 19.11.2007 (Ex-P/1). Total area admeasuring 5810 sq.ft. of Khasra No.176/1 & 177/1 situated at Mouja Talapara Bilaspur Patwari Halka No.22 was sold. Family tree is shown as under:

4. Radha Bai and Kamal Prashad filed a suit that said sale deed dated 19.11.2007 be declared as void. Facts would further show that the property initially belonged to Jamadar Satnami who had two wives. From one wife he had three sons, namely Bhangu, Sonsai and Ramsai. Sonsai had five children namely (i) Sukharu, (ii) Jashoda, (iii) Sahodara, (iv) Haiya Bai and (v) Bhukhan. Sukhru had three children

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