KALIMA Vs. ALISAB

JUDGEMENT

(1.) The plaintiff/appellant is before this Court under Order 43 Rule (u) of Civil Procedure Code assailing the judgment and decree dated 22.10.2016 passed in R.A. No.6/2015. The appellant is plaintiff and respondent is defendant in O.S. No.122/2011 filed for declaration and permanent injunction.

(2.) It is the case of the plaintiff that the defendant had two wives by name Sakina and Rashida. Plaintiff is the daughter of Sakina, the first wife. The second wife Rashida had three children, two males and one female. The defendant is father of the plaintiff who had totally 3 acres 28 guntas land in his name in Sy.No.410 of Hire-Rugi village, Indi Taluk. It is further case of the plaintiff that the defendant, the father of the plaintiff by oral gift dated 20.12.2009 gifted land measuring 1 acres 34 guntas in Sy.No.410 to the plaintiff. It is further stated that the date of oral gift, the plaintiff is in possession and enjoyment of the suit property to an extent of 1 acre 34 guntas in Sy.No.410. It is further stated that the defendant started interfering with her possession and started claiming right over the suit property, she was constrained to file suit in O.S.No.122/2011 seeking declaration and permanent injunction against the defendant, the father.

(3.) On issuance of suit summons, the defendant appeared through counsel but even after sufficient opportunity, failed to file written statement. As the defendant failed to file written statement, the Trial Court proceeded further and permitted the plaintiff to lead her evidence. The plaintiff herself examined as PW.1 and also examined four witnesses as PWs.2 to 5 and got marked document Ex.P.1 on her behalf.