URMILA DEVI Vs. KALAWATI & ORS.

JUDGEMENT

(1.) The appellant has challenged the judgment dated 16.09.2015 passed by the Additional District Judge -01 (East), Karkardooma Courts, Delhi whereby the judgment and decree of the Trial Court dated 05.05.2011 passed in Civil Suit No.257/2010 dismissing the suit of the appellant/plaintiff, was upheld and affirmed.

(2.) The three appeals have been taken up together and are disposed of by a common order as Suit No.753/2007 (Smt.Kala Wati & Anr. vs. Urmila Devi & Ors) and Suit No.279/2010 (Sh.Ram Prasad Ojha vs. Smt.Urmila Devi & Ors) were consolidated with Suit No.257/2010 (Smt.Urmila Devi vs. Smt.Kala Wati & Ors). Before the Trial Court Suit No.257/2010 (Smt.Urmila Devi vs. Smt.Kala Wati & Ors) was treated as the main case and evidence was recorded in that suit (Suit No.257/2010).

(3.) The appellant/plaintiff Urmila Devi sought a decree of declaration that the family settlement dated 23.10.1999 between Ram Prakash Ojha (respondent No.3) and Smt.Kalawati and Sh.Puran Chand (respondent Nos.1 & 2 respectively) as null and void as well as for a declaration that she is the sole and absolute owner of property bearing No.T -208, Gali No.1, Gautam Puri, Seelampur, Delhi measuring 200 sq.yards, which was claimed to have been purchased by the appellant/plaintiff from her father -in -law, Late Sh.Kali Charan. The appellant/plaintiff also sought permanent injunction as against the respondents/defendants from dispossessing her from the said property along with a decree of mandatory injunction, directing respondent No.3 to reconstruct the wall between the properties T -208 and T -209 which had been demolished illegally.