Chattisgarh High Court
Srimati Gita Bai Dead Through Lrs vs Srimati Sukhbati Dead Through Lrs on 25 June, 2019
Author: Ram Prasanna Sharma
Bench: Ram Prasanna Sharma
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Judgment reserved on 16.04.2019
Judgment delivered on 25.6.2019
First Appeal No.90 of 2003
• Shrimati Gita Bai Dead Through LRs.
(a) Smt. Kunti Sonkar W/o Shri Vijay Kumar Sonkar Aged
About 56 Years R/o Durga Chowk, Mathpuraina Bhathagaon,
Police Station Purani Basti, District Raipur Chhattisgarh.
(b) Chita Ram Sonkar S/o Late Shri Jagannath Sonkar Aged
About 54 Years R/o Behind Purohit Lodge, Aapapura, Durg,
Tahsil And District Durg Chhattisgarh.
(c) Dileshwar Sonkar S/o Late Shri Jagannath Sonkar Aged
About 52 Years R/o Behind Purohit Lodge, Aapapura, Durg,
Tahsil And District Durg Chhattisgarh.
(d) Brijesh Sonkar S/o Late Shri Jagannath Sonkar Aged
About 48 Years R/o Behind Purohit Lodge, Aapapura, Durg,
Tahsil And District Durg Chhattisgarh.
(e) Khemlal Sonkar S/o Late Shri Jagannath Sonkar Aged
About 44 Years R/o Behind Purohit Lodge, Aapapura, Durg,
Tahsil And District Durg Chhattisgarh.
(f) Smt. Sakun Sonkar W/o Shri Netram Sonkar Aged About
46 Years R/o Tillu Chowk, Sonkar Para, Raipur, District Raipur
Chhattisgarh.
(g) Smt. Hiro Sonkar W/o Shriram Prasad Sonkar Aged
About 42 Years R/o Tillu Chowk, Sonkar Para, Raipur, District
Raipur Chhattisgarh.
(h) Smt. Uma Sonkar W/o Shri Ashok Sonkar Aged About 50
Years R/o Rambag Chowk, Dhamtari, District Dhamtari
Chhattisgarh.
---- Appellants
Versus
1. Srimati Sukhbati Dead Through Lrs.
1.1 Derha Ram Sonkar Dead Through Lrs
1.1(a) Smt. Dukhiya Bai Wd/o Derha Ram Sonkar, Aged About
52 Years
1.1(b) Rohit S/o Late Derha Ram Sonkar, Aged About 32 Years
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1.1(c) Jugnu S/o Late Derha Ram Sonkar, Aged About 30 Years
1.1(d) Rajesh S/o Late Derha Ram Sonkar, Aged About 27
All are R/o Dipra Para, Shashtri Chowk, Potiya Road,
Durg, P.S. Durg, Post Kasardidih, Durg, Tahsil And
District Durg, Chhattisgarh
1.2 Derhin Bai Sonkar W/o Balaram, Aged About 47 Years
R/o Sonkarpara, Near School, Gunderdehi, Distt. Durg,
Chhattisgarh
1.3 Panchbati Sonkar D/o Dhonsul Sonkar, Aged About 45
Years R/o Dipra Para, Durg, Tahsil And District Durg,
Chhattisgarh
1.4 Shyambai Dead Through Lrs
1.4(a) Smt. Pusai Bai Wd/o Late Mohan Sonkar, aged about 45
years,
1.4(b) Rameshwar S/o. Mohan Sonkar, aged about 25 years,
1.4(c) Rameshwari S/o. Mohan Sonkar, aged about 23 years,
1.4(d) Gopi S/o. Mohan Sonkar, aged about 21 years,
1.4(e) Narmada S/o Mohan Sonkar, aged about 19 years,
All are R/o Dipra Para, Shashtri Chowk, Potiya Road,
Durg, District Durg, Chhattisgarh
1.5 Kuntibai Sonkar W/o Lakhan, Aged About 42 Years R/o
Dipra Para, Durg, Tahsil And District Durg, Chhattisgarh
1.6 Nirmal Sonkar S/o Donsul Sonkar, Aged About 38 Years
R/o Dipra Para, Durg, Tahsil And District Durg,
Chhattisgarh
1.7 Radha Sonkar D/o Dhonsul Sonkar, Aged About 36 Years
R/o Dipra Para, Durg, Tahsil And District Durg,
Chhattisgarh
1.8 Chhota Raj Sonkar Bhau Dead Through Lrs
1.8(a) Nanki Bai W/o Chhotaraj Sonkar, Aged About 45 Years
1.8(b) Arpan Sonkar D/o Chhotaraj Sonkar, Aged About 20
Years
1.8(c) Pappu Sonkar S/o Chhotaraj Sonkar, Aged About 18
Years
1.8(d) Kunal Sonkar S/o Chhotaraj Sonkar, Aged About 16
Years
All are R/o Dipra Para, Shashtri Chowk, Potiya Road,
Durg, District Durg, Chhattisgarh
2. Smt. Gunu Dead Through Lrs.
2.1 Girdhari (dead) through LRs.
2.1(a) Smt. Laxmin Bai Sonkar Wd/o Late Girdhari Lal Sonkar,
Aged About 50 Years
2.1(b) Roman Sonkar S/o Late Girdhari Lal Sonkar, Aged About
35 Years
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2.1(c) Smt. Vimla Bai D/o Late Girdhai Lal Sonkar, Aged About
33 Years
2.1(d) Jugnu Sonkar S/o Late Girdhari Lal Sonkar, Aged About
30 Years
All are R/o Dipra Para, Shashtri Chowk, Potiya Road,
Durg, District Durg, Chhattisgarh
2.2 Harishchand S/o Late Dobaram Sonkar, R/o. Dipraprara,
Potiya Road, Shastri Chowk, Durg Tah & Distt. Durg (CG)
3. Sonu Ram (Died) Through Lrs.
3.1 Pyare Sonkar S/o Late Sonu Ram Sonkar Aged About 48
Years
3.2 Panna Sonkar S/o Late Sonu Ram Sonkar Aged About 45
Years
All are R/o. Dipraprara, Potiya Road, Shastri Chowk,Durg
Tah & Distt. Durg (CG)
4. Mohan S/o Kartikram Sonkar, Aged About 35 Years R/o
Diprapara, Kasaridih, Durg, Tahsil And Distt. Durg,
Chhattisgarh
5. Madan Dead Through Lrs.
5.1 - Smt. Kantibai Wd/o Late Madan Sonkar Aged About 27
Years
5.2 Ku. Sangeeta D/o Madan Sonkar, Aged About 7 Years
5.3 Ku. Annoo D/o Late Madan Sonkar, Aged About 4 Years
5.4 Mahesh S/o Late Madan Sonkar, Aged About 2 Years
5.2 to 5.4 all minors through mother Smt. Kantibai
All R/o. Diprapara, kasaridi, Durg, Tah & Distt. Durg
6. Ishwar Dead Through Lrs.
6.1 Smt. Sumitra Bai Wd/o Ishwar Sonkar, Aged About 40
Years
6.2 Smt. Usha W/o Raju, Aged About 24 Years, R/o Hudco,
Bhilainagar, Tah. & Distt. Durg.
6.3 Smt. Asha W/o Shri Santosh Lodhi, Aged About 23 Years
R/o. Rajivnagar, Durg Tah & Distt. Durg
6.4 Smt. Bharti W/o Shri Vinod Rajput, Aged About 21 Years,
R/o. Nayapara, Panchsheel Nagar, Durg, Tah. & Distt.
Durg
6.5 Ku. Prabha D/o Late Ishwar Sonkar, Aged About 18
Years
6.6 Ku. Arti D/o Late Ishwar Sonkar, Aged About 16 Years
6.7 Kamlesh S/o Late Ishwar Sonkar, Aged About 14 Years
6.8 Karan S/o Late Ishwar Sonkar, Aged About 12 Years
6.6 to 6.8 are minor through mother Smt. Sumitra Bai,
All R/o. Diprapara, Potiyarodad, Kasaridhih, Duirg Tah.&
Distt. Durg.
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7. Murli S/o Kartikram Sonkar, Aged About 36 Years R/o
Diprapara, Kasaridih, Durg, Tah. And Distt. Durg,
Chhattisgarh
8. Santosh Dead Through Lrs.
8.1 Smt. Binda Sonkar W/o Santosh Sonkar, Aged About 42
Years
8.2 Ku. Suman D/o Santosh Sonkar, Aged About 22 Years
8.3 Sunil Sonkar S/o Santosh Sonkar, Aged About 20 Years
8.4 Sanjeev S/o Santosh Sonkar, Aged About 18 Years
All R/o. Shikaripara, Balod, Tahsil & distt. Balod (CG)
9. Smt. Ganeshiyabai W/o Manikram Sonkar, Aged About 39
Years R/o Gunderdehi, Tah. Gunderdehi, Distt. Durg,
Chhattisgarh, District : Durg, Chhattisgarh
10. Smt. Nirmalabai W/o Vijaykumar Sonkar, Aged About 24
Years R/o Diprapara, Kasaridih, Durg, Tahsil And Distt.
Durg, Chhattisgarh
11. State Of Chhattisgarh, Through Collector Durg,
Chhattisgarh
---Respondents
For the appellants : Shri HB Agrawal, Sr. Advocate with Ku.
Deepali Dubey, Advocate
For the respondents : None present
Hon'ble Shri Justice Ram Prasanna Sharma CAV Judgment
1. This appeal is preferred against judgment and decree dated 06.3.2003 passed by Fourth Additional District Judge, Durg (CG) in a Civil Suit No.37A/2001 wherein the said Court declared 1/8 share to Smt. Sukhbati Bai, Smt. Gunu and legal representatives of Kartikram in the land bearing Survey No.156 Survey No.471/2 area 0.35 and 1.43 acres and again declared ¼ share to Smt. Sukhbati Bai, Smt. Gunu and legal representatives of Kartik in the land bearing Survey No.485/1 area 1.30 acres situated at village Kasaridih.
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2. The appellants herein are the legal representatives of Smt. Geeta Bai who was daughter of Tijiya Bai and Sakharam. Land bearing Survey No.156, 471/2 596/1 situated at village Kasaridih areas admeasuring 0.35, 1.43, 0.91 (total 2.69 acres) was owned by one Sakharam who died on 02.8.1965. After the death of Sakharam, property would devolve upon his wife namely Tijiya Bai and his daughter namely Geeta Bai in equal shares. Tijiya Bai will get half share in the property left by Sakharam and half share would devolve upon his daughter Geeta Bai. Half share of Tijiya Bai will be divided between Sukhbati, Gunu and Kartik being successor of Tijiya Bai and Dhanwar and Geeta Bai being successor of Tijia Bai and Sakharam. In all Geeta Bail will get ½ of the share for Sakharam and 1/8 share from Teejia Bai and in all she will get 5/8 share of the above mentioned property. Kartikram, Sukhbati and Gunu each will get 1/8 share of the property.
3. Survey No.485/1 area admeasuring 0.526 hectare is self acquired property of Tijiya Bai and it will devolve between successors of Tijiya Bai namely Geeta Bai, Kartik Ram, Sukhbati & Gunu and each will get ¼ share in the said property.
4. After going through the record and relevant documents, it is clear that Survey No.156, 471/2, 596/1 area admeasuring 0.35, 1.43 & 0.91 acres (total 2.69 acres) was owned by Sakharam leaving behind his wife Tijia Bai and daughter Geeta Bai as they are the two successors of Sakharam and each will get 1/2 share in the above property. Property of Tijia Bai will be divided 6 between Geeta Bai, son/daughter who are the successors of Tijiya Bai and Dhanwar namely Sukhbati, Gunu and Kartikram and each will get 1/8 share of the property. In all Geeta Bai/her successors will get 5/8 share in the above property, and Sukhbati, Gunu and Kartickram each will get 1/8 share of the property.
5. As the property bearing Survey No.485/1 area 0.526 hectares is a self acquired property of Tijiya Bai, it will devolve between successor of Tijiya Bai namely Geeta Bai, Kartick Ram Sukhbati & Gunu and they will get ¼ share of the said property. The trial Court overlooked this aspect of the matter that Geeta Bai being daughter of Sakharam and Tijia Bai will get ½ share of his property, therefore, finding recorded by the trial Court is liable to be modified.
6. Accordingly, appeal filed by legal representatives of Geeta Bai is partly allowed. Decree is passed in favour of the appellants and respondents as under:
(i) Legal representatives of Geeta Bai/appellants will get 5/8 share in the land bearing Survey No.156, 471/2, 596/1 area admeasuring 0.35, 1.43 & 0.91 acres (total 2.69 acres) situated at village Kasaridih.
(ii) Sukhbati, Gunu and Kartik Ram/their legal representatives will get 1/8 share in the land of 2.69 acres as mentioned above.7
(iii) Geeta Bai, Sukhbati, Gunu & Kartik Ram/legal representatives will get 1/4 share of land bearing Survey No.485/1 area 0.526 hectares situated at village Kasaridih .
(iv) The parties to bear cost of litigation of their own.
(v) Pleader's fee, if certified be calculated as per certificate or as per schedule whichever is less.
(vi) A decree be drawn up accordingly.
Sd/-
(Ram Prasanna Sharma)
JUDGE
Bini