A co-sharer in ancestral property can only sell their share and legal heirs, including daughters as coparceners, must be included in legal proceedings affecting property rights.

JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. This is defendants’ first appeal filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 31.08.2017 (Annexure A/1) passed by learned Third Additional District Judge, Durg, District-Durg (C.G.) in Civil Suit No. 76A/2013 ( Ashwani Kumar Sahu Vs. Bholaram ) whereby the suit filed by the plaintiff for declaration of title and permanent injunction, has been decreed.

2. For the sake of convenience, the parties would be referred to hereinafter as per their status shown in the Civil Suit No. 76A/2013 filed before the trial Court.

3. The plaintiff filed civil suit for declaration of title and permanent injunction mainly contending that:-

(A) The lands bearing Khasra No. 522, 32, 396/1, 513, 386 area admeasuring 0.13, 3.21, 069, 2.24, 0.03 Hectare respectively situated at Village- Bohardih, Patwari Halka No. 19, Revenue Circle- Bhilai, Tahsil & District-Durg (hereinafter referred as “the suit land”) were sold by defendant No. 1 to defendant No. 2-Kejia Bai. It has been further contended that as per genealogy mentioned in the plaint, Ashwani Kumar & defendant No. 1-Bhola Ram are real brothers who are sons of Late Tarandas. Tarandas had two sons and two daughters, the daughters are married and living with their husbands.

(B) It is also case of the plaintiff that the suit property belongs to Smt. Paisarnin Bai W/o Gangadin Sahu who died on 28.09.1995 at Village- Bargaon and Smt. Laxmi Bai was only daughter of Smt. Paisarnin Bai. It is also case of the plaintiff that after death of Parsarnin Bai who is grandmother of the plaintiff and defendant No.1, the suit land was inherited by Laxmi Bai and Taran Das who are mother & father of the plaintiff and defendant No.1.

(C) It is also case of the plaintiff that after death of Paisarnin Bai, Bholaram has transferred the suit property in the name of his son namely Harishchandra and thereafter the said property was sold to various persons. The plaintiff has filed Civil Suit No. 69-A/2000 before the learned Fifth Civil Judge Class-II, Durg for declaration of sale-deed to be null and void which was decreed in favour of the plaintiff on 16.09.2005 and accordingly, the sale-deed was declared null and void and the right and possession was given to the plaintiff. It is also case of the plaintiff that the defendant- Bholaram sold the suit property bearing Khasra No. 32 area admeasuring 3.21 Hectare situated at Village- Bohardih to Janaki Bai daughter-in-law of Kejia Bai, therefore, the plaintiff has filed Civil Suit No. 74A/2007 before the learned Additional District Judge, Durg which was decreed in favour of the plaintiff vide order dated 16.02.2010 and it has been held that the sale-deed dated 15.02.2002 has been declared as null and void and not binding upon the plaintiff.

(D) It is also case of the plaintiff that the land bearing Khasra No.32 area admeasuring 3.21 hectare was sold by defendant No.1 to defendant No.2 through sale-deed dated 15.02.2002, thus the plaintiff sought for declaration that it be declared that the plaintiff and defendant No. 1 are title holders of the suit property bearing Khasra No. 522, 32, 396/1, 513, 386 area admeasuring 0.13, 3.21, 069, 2.24, 0.03 Hectare respectively situated at Village- Bohardih, Patwari Halka No. 19, Revenue Circle- Bhilai, Tahsil & District- Durg being legal heir of Late Paisarnin Bai.

4. Defendant No.1 has filed written statement denying the allegation made in the plaint mainly contending that the plaintiff is not Ashwani Kumar, in fact he is resident of Indore and his name is Kunj Bihari S/o Banshidhar. It has been further contended that as per the records of registry of plot from