6 decades, 3 generations later, Patna property awarded to dead litigant
PATNA, April 9 -- For Bhagwatia Devi, justice has finally arrived, though quite late. But it has arrived after a relentless fight in the courts that lasted nearly 62 years -- an example of sheer grit and perseverance that civil lawsuits invariably demand and end up involving generations.
Bhagwatia was the lone child and legitimate heir of Kishun Lal Shah, a trader who passed away in 1945. Kishun Shah married twice and Bhagwatia was from the first wife Laro Devi. Bhagwatia Devi had a brother, Vishnu Shah, but he too passed away in 2012, two years after Laro Devi's death.
Kishun Lal Shah a tax payer from 1923 bought five properties at Mahendru Ghat locality near Patna University. He has only one ancestral property.
After the death of his wife and son, Kishun Lal Shah married Sukhiya Devi in 1912 to extend his family, but could not have any children. When Kishun Shah breathed his last after a few years, his second wife Sukhiya and Bhagwatia should have been the legitimate heirs of his property, with both getting half each.
But here came a twist. Sukhiya's brothers Tetar, Jhamman and their sons had eye on the properties and they wanted to deprive Bhagwatia of her share. They plotted to evict Bhagwatia and succeeded by hoodwinking the law on the plea that Tetar and Kishun were partners in the business of sale and purchase of building materials and hence the property was also joint.
But Bhagwatia was not the one to give up and she filed a lawsuit on June 20, 1964 for her legitimate share. She fought gallantly even as the case lingered and after more than three decades, on December 19, 1995, the lower court -specifically the Sub-Judge-II, Patna -dismissed her lawsuit, designated as Title Suit No. 143 of 1965.
Bhagwatia died in 1983 fighting for her rights, and so did Sukhiya and Tetar. After Sukhiya's deaths, the entire property should have devolved on Bhagwatia and her family, but it was not allowed to happen and a litigation was triggered.
Several other defendants and plaintiffs also passed away in course of the legal battle which are common with civil or title suits.
After Bhagwatia's death, her legal heirs pursued the matter. Following first reversal, Bhagwatia's son Jamuna Prasad Vaisya and Saryug Prasad filed an appeal in court, registered as Appeal No. 28/1996.
Ultimately, after hearing vigorous arguments from both sides, the court of ADJ-XXXIII, Patna, delivered a verdict in favour of Bhagwatia Devi on March 30, 2026 - over six decades later -- setting aside the sub-judge court's order of 1995.
"The December 19, 1995 judgment passed in Title Suit No. 143/1965 / 226/1984 by BN Mishra, the then Sub-Judge-II, Patna and decree prepared and signed on January 27, 1996 by the in-charge of Sub-Judge-II, Patna, is set aside and the present Title Appeal is allowed on contest with costs," said the March 30, 2026 order of Rajiv Ranjan Sahay, District and Additional Sessions Judge XIII, Patna Sadar.
It marked the triumph of a woman, at last, but also brought to surface the demands of a legal battle running for decades and involving generations in quest for justice.
"In the present case, Kishun Shah died leaving behind his daughter Bhagwatia from his first wife Laro and his second wife Sukhia and as such the properties of Kishun Lal devolved on his daughter Bhagwatia and his wife Sukhia. After Sukhiya's death Bhagwatia was to get the entire property. The trial court did not considered this legal aspect in legal way and dismissed the suit. It is clear that the finding of Trial Court are not legal, valid and stainable," said the order.
The court also rejected the story of partnership business, which was the basis of the litigation to stake in the property, describing it as joint property.
Bhagwatia Devi had two sons -- Saryug Prasad and Jamuna Prasad Vaishya and Saryug did not have any issue, while Jamuna has a son Uday Prakash, which pursued the case for two and half decades despite family members telling him to stop the futile exercise, and two married daughters.
"I pursued the case as it is a matter of pride for my grand mother. Nobody wanted me to fight it, but I did not listen. Now I will open a hostel in the name of my grandmother and parents for poor students on the land. I am happy that my ancestors will be happy up above with the justice," he added.
During the pendency of Suit, Bhagawatia, her son Jamuna Prasad Vaishya, Sukhiya Devi, her (Sukhiya's) brother Tetar Saw, his sons -- Krishna Prasad, Paras Nath, Tetar's brother Ram Chandra Prasad Jhamman Sao died....
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हमे संपर्क करें.