RAKESH MOHAN PANDEY
Bhagwati son of Bachan – Appellant
Versus
Nana Bai wife of Laxman daughter of Smt. Aheli Bai – Respondent
JUDGMENT :
Heard.
1) This appeal under Section 96 of the C.P.C. has been preferred by the appellants/defendants No. 1 to 3 against the judgment and decree passed by the learned District Judge, Bemetara (C.G.) in Civil Suit No. 7-A/2013 dated 23.07.2016, whereby the civil suit filed by the plaintiff for declaration of title, permanent injunction, possession and damages was decreed.
2) The brief facts of the present case are that the plaintiff/respondent No.1 instituted a suit seeking the declaration of title, a declaration that the mutation entry No. 70 made in the year 1977 is void, for permanent injunction and damages for loss of crop for the year 1991-92 in respect of the lands and house described in Schedules 'A' and 'B'. The family tree of the parties is given below:-
The plaintiff pleaded that there was a partition between the three sons of Gopal and the disputed property fell in share of Tilak. After the death of Tilak, the entire property was inherited by Sukhmat Bai and Dukalhin Bai, who were wives of the late Tilak and after their death, the entire property was inherited by Aheli Bai, who was the daughter of Tilak and Dukalhin Bai. Aheli Bai got married to Khelawan and the pla
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