NANKIBAI Vs. MAHADEO

JUDGEMENT

(1.) This second appeal preferred by the appellant/plaintiff was admitted for hearing on the following substantial question of law :-

(2.) Plaintiff and respondent No. 1 are real brother and sister. The suit property was originally owned by one Jagbandhan.

(3.) Plaintiff/Sister brought a suit against her brother/defendant No. 1 for declaration of title and permanent injunction stating inter alia that she was married with one Nansai, who died within one and half years of their marriage and after his death, she has been residing at her parental house. After the death of Nansai, from the money that plaintiff received, she purchased the suit property from Jagbandhan vide registered sale deed dated 23/05/1977 (Ex. P/5) and thereby came into possession of the said suit property, but in the revenue records, the suit property was registered in the name of defendant No. 1 for which she applied for mutation but it was rejected and on being threatened by defendant No. 1 to be forcibly dispossessed from the suit property, the necessity for filing the suit arose claiming the relief of declaration of title and permanent injunction.