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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Kejiya Bai Since Dead through LRs. Baharu S/o Bikeram Sahu – Appellant
Versus
Ashwani Kumar Sahu S/o Taran Das – Respondent
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
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.
A partition suit is non-maintainable if necessary parties, such as co-sharers, are not included, as effective decrees cannot be passed without their presence.
A natural guardian cannot sell a minor's property without prior court approval, and any such sale is voidable at the minor's instance, reinforcing the protection of minors' rights in property matters....
The burden of proof lies on the party alleging ancestral or joint property, and without evidence to support the claim, the Courts may reject the suit.
Sale deeds executed by a senior family member are valid if conducted for legal necessity and with mental competency, reinforcing the rights of the karta under coparcenary property law.
Daughters' rights as equal to sons under the Hindu Succession Act, 2005.
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