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2016 Supreme(MP) 708

ANURAG SHRIVASTAVA
Ramkuriya Bai – Appellant
Versus
Kachra Bai (dead) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri G.S.Baghel, Counsel

JUDGMENT :

1. Appellant/defendant no.1 has filed this second appeal under section 100 of CPC being aggrieved by the judgment and decree dated 9.10.2009 passed by the First Additional District Judge, Chhindwara in Civil Appeal No.10-A/2009 affirming and confirming the judgment and decree dated 3.1.2009 passed by the Civil Judge, Class-II, Junnardeo, District Chhindwara in Civil Suit No.184-A/2008; whereby the suit filed by respondent no.1 Late Kachra Bai and respondent no.2 Phoolbati (plaintiffs) for declaration of their 1/4th - 1/4th share in the suit property and for partition thereof has been decreed in their favour by recording the concurrent finding of facts against the appellant.

2. The aforesaid suit has been filed by plaintiffs Late Smt.Kachra Bai and Phoolbati against Ramkuriya Bai (defendant no.1) and Galjhar (defendant no.2) alleging that the disputed property, total area 24.85 acres situated in Village Itawa, District Chhindwara belongs to Late Somati Bai, who was the mother of Late Kachra Bai, Phoolbati, Galjhar and Late Buddhu. Somati Bai died in the year 1972 and after her death her son Buddhu and daughters, as stated above, had inherited the disputed property and had e















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