CHHATTISGARH HIGH COURT
Sanjay K Agrawal, J
Geeta Bai – Appellant
Versus
Ramavtar Agrawal – Respondent
1. Both the appeals are being heard together as similar facts and issues are involved except the parties to the suit. The appeals are by the defendant.
2. Facts of F.A. No.186 of 2013 (Geeta Bai v. Ramavtar Agrawal)
This is an appeal arising out of the judgment and decree dated 2nd September, 2013 by the VI Addl. District Judge, Bilaspur, in Civil Suit No.13-A of 2012. The respondent Ramavatar Agrawal filed a suit for declaration and permanent injunction against Smt. Geeta Bai. The pleadings, as made by the plaintiff are that defendant Geeta Bai is real maternal aunt (Sagi Mousi). Initially the financial position of the plaintiff was not good when he shifted from Katni to Bilaspur in 1975, therefore, out of love and affection, the defendant gifted him a part of land bearing Kh.No.450/2 admeasuring 0.44 acres situated at village Ameri and the possession thereof was handed over to him after the gift. Later on, the name of plaintiff got mutated in the records as the owner and possessor and consequently, after obtaining the property by gift, Ramavatar Agrawal got his name mutated in revenue records as possessor of the land and at the time of mutation, the gifted property was allotted Kh.
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