USHA Vs. K S MONI

JUDGEMENT

(1.) Aggrieved by the rejection of her claim for recovery of possession/ejection in a suit for declaration of title and ejection filed by her, the appellant/ petitioner/wife has come to this Court with this appeal. The 1st respondent in the appeal is the husband of the appellant. The 2nd respondent allegedly is a woman with whom the 1st respondent was allegedly having illicit relationship.

(2.) The appellant/wife in the petition filed by her asserted that the marriage between her and the 1st respondent was solemnized on 5/5/82. Two children - both boys, were born in the wed-lock. Even prior to the marriage which took place on 5/5/82, by Ext.A1 dated 19/4/82, the mother of the appellant had executed a gift deed in favour of the appellant assigning rights over one acre of land. In view of the impending marriage between the appellant and the 1st respondent and as insisted by the 1st respondent, the gift deed was executed in the joint names of the appellant and the 1st respondent. According to the appellant, the 1st respondent's name was included as a donee in the document only a name lender and as the husband of the appellant and he had not, in fact, acquired any independent rights over the property conveyed by Ext.A1.

(3.) After the marriage, by Ext.A2 document, the property conveyed by Ext.A1 document and another extent of property belonging to the mother of the appellant, were sold by the appellant, 1st respondent and the mother of the appellant jointly by Ext.A2 document dated 27/2/84. Even though the 1st respondent had no right really in the properties gifted under Ext.A1, as his name was included in Ext.A1 gift deed, he figured as an executant in Ext.A2 assignment deed also. Making use of the money obtained by sale under Ext.A2 deed, the appellant purchased the petition schedule property under Ext.A3 document of sale dated 8/3/84. That purchase was also made in the joint names of the appellant and the 1st respondent - spouses.