JAI LAKSHMI SHARMA Vs. DROPATI DEVI

JUDGEMENT

(1.) PLAINTIFF is the daughter of defendant No. 1 and defendants No. 2 and 3 are her unmarried brothers, whereas remaining defendants except defendant No. 8 are married sisters and defendant No. 8 is her unmarried sister. Defendant No. 1 is widow aged about 80 years. Plaintiff has filed the present suit against all the defendants seeking, declaration, partition and permanent injunction in respect of property known as Shiv Bari, Shri Bhola Mandir, Dhauli Piao, situate at Village Paushangi Pur, najafgarh Road, forming part of Khasra No. 5/23, 10/2/1 and 3/1 claiming herself to be the co-owner of the said property having 1/9th share in the same.

(2.) ONE Ram Pat had a son named Bhola. Ram Pat was alleged to be the owner of the suit property which after his death was succeeded by Bhola. Bhola was married to Champa. Defendant No. 1 was born out of the wedlock of Bhola and champa. Bhola pre- deceased Champa. After the death of Bhola, Champa Devi being the wife of Bhola received the said property. After Champa's death defendant No. 1 being the sole legal heir became owner of the property by inheritance. Plaintiff and other defendants are children of defendant No. 1.

(3.) CLAIM of the plaintiff is that the suit property is an ancestral property of the plaintiff and the defendants and therefore she has 1/9th share in the property and accordingly has filed the present suit. Defendants No. 1, 2, 3 and 6 have contested the suit of the plaintiff on various grounds and one of the objections raised in the written statement is that defendant No. 1 by virtue of section 14 of the Hindu Succession Act, 1956 (hereinafter referred to as Act)became absolute owner of the property and plaintiff therefore cannot seek any partition of the property and the suit deserves dismissal under Order 7 rule 11 CPC.