KUNTI DEVI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) By means of this appeal, the challenge is to two concurrent judgments passed by the Civil Judge (Sr. Div.) Pithoragarh rendered on 8.10.2009 which was subsequently affirmed by the District Judge, Pithoragarh vide his judgment dated 3.8.2015.

(2.) The pleadings which have vehemently been relied by the appellant, herein, are that the land bearing Field Nos.440, 441, 442, 443, 444, 445 and 446, which is the part of Khatauni No.168 situated in village Kumaur, Patti-Meharkhas, District Pithoragarh, was inherited by three brothers from their father late Khim Singh. These three brothers were named as (1) Late Narayan Singh, (2) Ramesh Singh and (3) Rajendra Singh. Appellant inherited the share of her husband in the said land by virtue of succession besides a Will left by her late husband Narayan Singh who died on 10.10.2001.

(3.) The revenue entries were recorded by the concerned officials, accordingly, and her name was adverted as a co-owner having the joint possession over the same land along with Mr. Ramesh Singh and Mr. Rajendra Singh. Yet without having a proper partition over such land, Mr. Rajendra Singh (defendant) started to raise construction of a hotel which the appellant objected to, by way of instituting the Original Suit No.01 of 2005. Although, the interim injunction was issued on 21.12.2005 but such suit met the fate of dismissal vide judgment dated 8.10.2009 rendered by the Civil Judge (Sr. Div.); that order has been affirmed by the First Appellate Court/District Judge vide the judgment dated 3.8.2015. Hence, the appellant has challenged both these judgments herein.