Kamla Bai vs Prem Bai - 2020 Supreme(MP) 1128

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(MP) 1128

SANJAY DWIVEDI
Kamla Bai – Appellant
Versus
Prem Bai – Respondent

Advocates Appeared:
For the Appellant :Shri Avinash Jargar, Advocate.
For the Respondent:Shri Dinesh Kaushal, Advocate.

JUDGMENT :

1. This appeal under Section 100 of the Code of Civil Procedure has been filed by the appellants/defendants against the judgment and decreed passed on 13.08.2001 by District Judge, Raisen in Civil Appeal No. 11-A/2001 whereby the appellate court reversed the judgment and decree dated 20.01.2001 passed by Civil Judge, Class I, Gauharganj in Civil Suit No. 7-A/2000.

2. This appeal has been admitted by this Court on 17.04.2002 on the following substantial question of law: -

"Whether the appellate Court erred in holding that the suit is within time while the suit was barred by time because plaintiff had demanded her share 20 years before filing of the suit and it was denied:

3. To answer the substantial question of law framed by this Court, the facts in brief are taken note of that the respondent No. 1/plaintiff filed a suit for declaration and possession for the land situated at Kh. No. 9 area measuring 3.09 acres, Kh. No. 10 area measuring 0.87 acre and Kh. No. 12 area measuring 5.60 acres, total area being 9.56 acres of village Divatiya, Tehsil Gauharganj, District Raisen. The plaintiff has claimed that out of the land described hereinabove, she be declared owner of 1/3rd of