KUMARI LATA Vs. SHIVAJI RAO

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel for the appellant it is heard finally. The respondents are served and have not appeared, either in-person or through counsel.

(2.) This regular first appeal is directed against the judgment and decree passed by the Senior Civil Judge, Humnabad in O.S. Old No.37/2010 (New No.106/2011) dated 01.07.2013.

(3.) The brief facts for filing the suit are that, plaintiff filed the suit for partition and separate possession of suit schedule properties, contending that the suit schedule properties are joint family properties of herself and defendant Nos.1 and 2. That defendant Nos.1 and 2 are the parents of the plaintiff and they constitute a Hindu Joint Family. It is further contended that plaintiff and defendants are co-owners and co-possessors of suit schedule properties. It is further alleged that defendant No.1, father of the plaintiff has no knowledge regarding current worldly affairs including family affairs as he had served in the Army. It is further alleged that he is a chronic alcoholic and addicted to substances. By taking undue advantage, defendant Nos.3 and 4 came in contact with defendant No.1 and having regard to his weakness for alcohol, they conspired to knock off the suit properties and they obtained his signatures on a got up alleged agreement of sale when defendant No.1 was in a state of intoxication. The said agreement is false and a created agreement of sale. It is further contended that on the basis of such agreement of sale, defendant Nos.3 and 4 are obstructing peaceful possession and enjoyment of suit properties. It is further contended that the agreement of sale is without consent and without the knowledge of plaintiff and defendant No.2. That the said agreement of sale is not binding on the plaintiff as she is having one-third share in the suit schedule properties. As such, she requested the defendants to award her share, but defendants were not ready to heed to her request, as such she was constrained to file the suit and prayed for decreeing the suit.