KIRPAL KAUR Vs. JITENDER PAL SINGH AND ORS.

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dated 31.10.2012 passed by the High Court of judicature of Delhi at New Delhi (the First Appellate Court) in Regular First Appeal (OS) No.41 of 2011, whereby the First Appellate Court has confirmed the judgment and decree dated 21.1.2011 passed by the learned single Judge of the High Court (hereinafter called as "the trial court") in CS(OS)No. 2172 of 2003 and dismissed the suit filed by the appellant. In this appeal, the appellant has questioned the correctness of the impugned judgment and order urging various facts and legal contentions and prayed for granting of the decree of partition of her share in the 'B' suit schedule property.

(2.) In this judgment, for the sake of convenience, we will advert to the rank of the parties as assigned to them before the trial court in C.S. No. 2172 of 2003. The brief facts of the case are stated hereunder for the consideration of the case with reference to the rival legal contentions urged on behalf of the parties.

(3.) The plaintiff (the appellant herein) filed civil suit No.2172 of 2003 before the trial court against the defendants (the respondents herein) for the partition of the following properties in favour of her late husband's share, contending thereby that all the properties are jointly owned by the family:- <FRM>JUDGEMENT_46_LAWS(SC)7_2015_1.html</FRM>