TRILOCHAN KAUR Vs. S JAGAT SINGH & ORS.

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal filed under Sec. 96 Code of Civil Procedure (CPC) is to the impugned judgment of the trial Court dated 1st September, 2008 which decreed the suit for possession and recovery by inter se granting a relief of monetary value to the share of the appellant/plaintiff in the suit property.

(2.) I may note that all the defendants were ex -parte in the trial Court and it is only appellant/plaintiff who lead evidence and proved her case. The trial Court had for some inexplicable reasons decreed the suit for partition by suo moto deciding the monetary value of the share of the appellant/plaintiff in the suit property although, the respondents/ defendants were proceeded ex -parte, as stated above.

(3.) The brief facts of the case are that the appellant/plaintiff filed a suit for partition/recovery of possession, declaration and injunction with respect to the suit property being 27/59, Old Rajender Nagar, New Delhi. It was pleaded that the suit property belonged to Sardar Mohar Singh, who was the grandfather of the appellant/plaintiff. Sardar Mohar Singh had a sale deed in this favour of the suit property dated 17th January, 1969 and he died on 4th January, 1980 leaving behind his three sons namely, Sardar Balwant Singh, Sardar Thakur Singh and Sardar Jagat Singh. With respect to the appearance of the respondent/defendants, the trial Court has observed following in para 15 of the impugned judgment.