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1984 Supreme(MP) 228

C.P.SEN
BIRAMBAI W/O RAMPRASAD KRISHAK – Appellant
Versus
BHOJRAJ MANGAN KALAR – Respondent


Advocates Appeared:
K.M.AGRAWAL, N.S.KALE,

JUDGMENT :

( 1. ) THIS is plaintiffs second appeal against dismissal of their suit for possession and mesne profits by the Courts below.

( 2. ) IT is not in dispute that the deceased Malechha Kalar owned Kh. Nos. 46,79, 81/2,83 and 102, area 6. 67 acres in village Telin Satti, Tahsil Dhamtari, district Raipur. He died in the year 1937-38 leaving behind his widow Peelabai, the original defendant no. 2 who died during the pendency of the appeal before the lower appellate Court, and five daughters, i. e. Gomtibai, Godawaribai, Birambai, Brijbai and Radhabai. Out of the five daughters two were already married and the remaining three were living with their mother and they were minors at that time. Within one year Peelabai married Mangan younger brother of her deceased husband and she got the suit lands mutated in her name as Peelabai wife of Mangan. She alone remained in possession and cultivation thereof. Bhojraj, defendant No. 1, is the son born to Peelabai through Mangan. By registered sale-deed dated 10-2-1964, Peelabai transferred the suit lands to Bhojraj for a consideration of Rs. 2000/ -. By that time all the five daughters were married but they made a claim over the suit lands an










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