Nafr High Court
Case Details
1 2025:CGHC:38577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 270 of 2021 1 - Teejiya Bai Wd/o Late Rai Singh Aged About 55 Years R/o Village Rendakhamhi Police Station - Sa. Lohara, Tehsil Sa. Lohara, District Kabirdham Chhattisgarh. 2 - Hardev S/o Late Rai Singh Sahu Aged About 22 Years R/o Village - Rendakhamhi Police Station - Sa. Lohara, Tehsil-Sa, Lohara, District Kabirdham Chhattisgarh. versus … Appellants 1 - Jugari Bai Wd/o Late Rai Singh Sahu Aged About 65 Years R/o Village- Rendakhamhi, Police Station And Tehsil -Sa. Lohara, District Kabirdham Chhattisgarh. 2 - State Of Chhattisgarh. Through Collector, District Kabirdham Chhattisgarh. ... Respondents {Cause title is taken-up from Case Information System} For Appellants
Legal Reasoning
: Ms. Kajal Chandra, Advocate. For Respondent No. 2/State : Ms. Mandvi Bhardwaj, Panel Lawyer. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 04/08/2025 Heard on admission. 1. This is defendants’ Second Appeal under Section 100 of the Code of Civil Procedure, 1908 against the impugned judgment and decree dated 15th September, 2021 passed by District Judge, Kabirdham (Kawardha) in Civil Appeal No. 21-A/2018, affirming the judgment and decree dated 17.05.2018 2 passed by First Civil Judge, Class-I, Kawardha, District Kabirdham in Civil Suit No. 47-A/2016, by which, the civil suit filed by the plaintiff for declaration of title, partition and separate possession of the suit property has been decreed granting ½ share of the same to the plaintiff. [For the sake of convenience, parties would be referred to as per their status shown in the plaint filed before the trial Court] 2. Facts of the case, as projected by the plaintiff in his plaint, are that the plaintiff-Jugari Bai is legally married wife of late Rai Singh Sahu and they lived together happily for a long time. But, as they did not have any child for 15-20 years, keeping the future in mind, Rai Singh Sahu married to one Tijiya Bai (defendant No. 1 herein) for the sake of having a child. Hardev was born from the married life of Rai Singh and defendant No.1 – Tijiya Bai. As long as late Rai Singh Sahu was alive, defendants No. 1 & 2 used to take care of her (plaintiff). Subsequently, in the year 1997-98, Rai Singh Sahu has expired, thereafter, there was a change in the behaviour of respondent No. 1 and 2 towards plaintiff and they started harrassing the plaintiff physically and mentally. Subsequently, in the year 2016, defendants No. 1 & 2 committed marpeet with the plaintiff and ousted her from the suit property, thereafter, the plaintiff instituted aforesaid civil suit for declaration of title, partition and separate possession of the suit property. 3. Learned counsel appearing for the appellants/defendants would submit that the appellant/defendant No. 2, being son of late Rai Singh Sahu, is entitled to get half share in the suit property of Rai Singh being his born son and have also coparcenary rights in the suit property, as such, the appellant/defendant No. 2 is entitled to get ½ share from his father – 3 Rai Singh Sahu. She further submitted that after the death of Rai Singh Sahu, half share of property of Rai Singh Sahu will again be divided between his first wife – Jugari Bai (plaintiff herein) and defendant No. 2 – Hardev. It is further submitted that as per Section 6 of the Hindu Succession Act, 1955, wife is not entitled to get share in the ancestral property of husband, rather wife is only entitled for the same, after the death of her husband. She submits that after the death Rai Singh Sahu, his share will again be divided between his wife and his son i.e. plaintiff and defendant No. 2. In such a condition, the plaintiff would be entitled to get only 1/4th share in the suit property and defendant No. 2 would be entitled for ¾ of the share in the suit property, but aforesaid aspect has not been considered by both the courts below, hence, she prayed that appeal may be admitted for hearing on the proposed substantial question of law. 4. On the basis of pleading of both the parties, learned trial Court framed as many as three issues and recorded evidence adduced by the parties and after considering the same, decreed the suit filed by plaintiff and granted ½ share of the suit property to the plaintiff. Against which, the defendants preferred first appeal. First Appellate Court vide its impugned judgment & decree dated 15th September, 2021 passed in Civil Appeal No. 21-A / 2018 has dismissed the appeal upholding judgment & decree passed by the trial Court. Hence, this appeal. 5. I have heard learned counsel for the appellant and perused the impugned judgment & decree including record of both the courts below. 6. Undisputedly, plaintiff – Jugari Bai was legally married wife of late Rai Singh Sahu, subsequently, as per plaintiff, he (Rai Singh Sahu) made 4 Teejiya Bai (defendant No. 1) as his churi wife, but since that marriage was performed during subsistence of first legal marriage with Jugari Bai, therefore, second marriage of Rai Singh Sahu was not a valid marriage. Though, it is also not in dispute that defendant No. 2 – Hardev born from Tijiya Bai in her cohabitation with late Rai Singh, therefore, Hardev is illegitimate child of late Rai Singh. Singh plaintiff - Jugari Bai has no issue, therefore, in view of law laid down by the Apex Court in the matter of Revanasiddappa and another v. Mallikarjun and others 1 , Jugari Bai being a legally wedded wife and Hardev being son of late Rai Singh Sahu are entitled to get ½ share of suit property. As such, the finding recorded by both the courts below are finding of fact based on material available on record, which does not call for any interference in the instant appeal. In view of above no substantial question of law is found to be involved in this appeal. 7. Consequently, second appeal, being sans merit, is liable to be and is hereby dismissed at the motion stage itself. No cost(s). 9. A decree be drawn up accordingly.
Decision
10. Pending applications (s), if any, also stands disposed of. (Naresh Kumar Chandravanshi) Judge Sd/- Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.08.12 11:01:16 +0530 1 (2023) 10 SCC 1