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2021 Supreme(Online)(Chh) 2636

CHHATTISGARH HIGH COURT
R. C. Sharma, J
Adhinram – Appellant
Versus
Leela Bai – Respondent


Advocates:
For the Appellants/Petitioners: Mr. D. K. Sharma
For the Respondents: Mr. A. P. Verma

1. This second appeal arises out of judgment and decree dated 29/04/2003 passed by the learned lower Appellate Court reversing the judgment and decree dated 17/01/2002 passed by the Trial Court in Civil Suit No.50 - A / 87. Learned lower Appellate Court decreed the suit of the plaintiff.

2. Respondent / plaintiff - Adhinram filed a suit seeking declaration of title and permanent injunction against his step mother - Leela Bai, the original defendant, on the pleadings inter alia that he is the son of Kehri who died prior to 1940. As pleaded, respondent / Leela Bai was step mother with whom, Kehri had performed 'choori' marriage. According to the plaintiff, his father - Kehri died prior to 1940, he being the only son and property in dispute described in schedule - C in the capacity of Maurusi (occupancy tenant), only plaintiff - Adhinram succeeded to the property and his step mother did not get any right in the property as a female successor. It was also pleaded that at the time of death of Kehri, plaintiff was minor, the disputed property was being managed by his mother and her name was also recorded without notice and knowledge of the plaintiff and taking undue advantage of this, wh




























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