RAM LALIT RAI Vs. KAMLA RANI

JUDGEMENT

(1.) RESPONDENT filed a suit for partition and permanent injunction against the appellants. Vide judgment and decree dated 11.02.2005, which is impugned in this appeal, trial court has passed a decree of declaration to the effect that respondent is daughter of Late Sh. Sadhu Ram and was entitled to her share in the suit property, that is, house bearing No. 175, West Azad Nagar, Gali No. 17, Krishna Nagar Shahdara, (S) Zone Estate, Delhi 110093 (hereinafter referred to as the 'suit property'). A preliminary decree of partition has also been passed. Appellants have also been restrained from alienating or creating third party interest in the suit property till the final decree of partition is passed.

(2.) RESPONDENT alleged in the plaint that she was adopted by Late Sh. Sadhu Ram and his wife Late Smt. Shankari Devi, who were not having any offspring of their own. She was adopted in the year 1957 in a simple religious ceremony. After adoption, she was brought to Delhi and was admitted in a Government school in the year 1958. In the year 1976, she completed her education. Prior to her adoption, Late Sh. Sadhu Ram and his wife Smt. Shankari Devi had already adopted Lalit Rai @ Lala Rai (appellant no. 1). Late Shri Sadhu Ram was owner of the suit property. Sh. Sadhu Ram died in the year 1974. However, before his death he had fixed the marriage of respondent with one Mr. Tilak Raj. Late Smt. Shankari Devi performed the marriage of respondent on 15.05.1977 from the suit property. Kanyadan was performed by appellant no. 1. Smt. Shankari Devi died in the year 1999. After her death, respondent asked the appellant no. 1 to partition the suit property but he declined, inasmuch as, fought with her. Hence, the suit.

(3.) ON the pleadings of the parties, following issues were framed: -