A marriage is void if either party has a living spouse, affecting property rights under Hindu Law. The cause of action for declaring property rights occurs at the time of infringement or threat of infringement.

Order :

PARTH PRATEEM SAHU, J.

1. This second appeal is filed challenging legality and sustainability of the judgment and decree dated 30.11.2012 passed in Civil Appeal No.20A/2012 by learned 1^st Additional District Judge, Manendragarh at Baikunthpur, District Koriya by which judgment dated 30.4.2008 passed by learned 2^nd Civil Judge Class-1, Baikunthpur in Civil Suit No.59A/2006 is set aside and suit of plaintiff is decreed.

2. Facts relevant for disposal of this appeal are that plaintiff/original respondent No.1 filed a suit for declaration of title, declaring the plaintiff to be owner of land subject matter of suit. Further, relief of injunction is also sought against the defendants of not to interfere in peaceful possession of plaintiff over disputed land either herself or through her servant, relatives or any other representative on the ground that land mentioned in Schedule-A is ancestral property situated in village Baikunthpur. This land was self acquired property of Hiralal and Dwarika as it was allotted to Hiralal during Sarguja-Koriya Estate Settlement, who was in possession during his lifetime till 1969 when he died. After death of Hiralal, Dwarika succeeded the property of Hiralal and his name was recorded. Dwarika was married to one Dubobai, who lived as his wife till her death in the year 2000. Dwarika and Dubobai were not having any children. They started living with plaintiff and her daughter, who were taking care of them. Dwarika died in the year 1998. It was further pleaded that defendant No.1, who was working as servant in the house of Dwarika, was not having any relation with Dwarika. Defendant No.1 got her name mutated in revenue records in place of Dwarika without knowledge of plaintiff vide order dated 25.3.1992. Plaintiff is only successor of deceased Dwarika. He is in continuous possession of suit property and is also paying land revenue of land. Radheshyam, husband of Pushpa (daughter of sister of defendant No.1) got the Will deed executed on 25.10.2005, however, defendant’s No.1 name is recorded illegally in revenue record after death of Dwarika and therefore, she is not having any right to transfer the property by way of sale or Will in favour of others. Cause of action for filing suit is pleaded that when Radheshyam, husband of Pushpa, beneficiary of Will, started dumping bricks, stones on part of disputed land for forceful possession upon which she collected revenue records and then she came to know about illegal act of defendant No.1.

3. Defendant No.1 submitted written statement to the plaint filed by plaintiff denying all adverse pleadings made therein. It was pleaded that Dwarika and plaintiff are children of Late Hiralal. She denied that Dubo was wife of Dwarika. It was pleaded that Dubo was wife of Jung Bahadur from whom she was having children. Thereafter she married with Gulam Mohammed after accepting Islam religion. It was also pleaded that defendant No.1 sold part of land bearing Khasra No.231 to one Shri D.D. Verma, vide sale deed dated 2.4.1992. Land admeasuring 1.02 decimal situated in village Mohari Baikunthpur was given to plaintiff by Late Dwarika. Defendant No.1 resided with Dwarika till his death as husband-wife. After death of Dwarika, she became lonely as she was issueless. Smt. Pushpa took care of her thereafter and out of love and affection towards Pushpa, she executed Will in her favour. Defen