JANKI DEVI Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for contesting respondents No.3 to 8.

(2.) PETITIONER is widow of Kallu. Late Sri Kallu was real brother of respondents No.3 to 5 and of Kesho father of respondents No.6 to 8. After a long time of death of her husband, petitioner filed suit (Case No.7) for declaration and partition under Sections 229-B and 176 of U.P.Z.A. and L.R. Act against respondents No.3 to 8 before S.D.O. Karvi, District Chatrakoot. She claimed right over the share of her husband in the agricultural land in dispute and separation of the same. Property in dispute is situate in village Parsauja District Chitrakoot, Pargana and Tehsil Karvi, District Chitrakoot. Plots number are mentioned at the end of the plaint copy of which is Annexure-I to the writ petition. Total area is shown to be 7.492 hectares. Contesting respondents defendant filed objections before the S.D.O. that the suit was highly belated, hence it should be dismissed on the ground of delay alone without entering into the merits of the case. The S.D.O. decided the matter on 02.02.2000 in favour of petitioner holding that for declaration of right no limitation is provided. In the said order, it is also mentioned that earlier plaintiff petitioner had filed mutation application and appeal against the order passed therein. Against the order dated 02.02.2000 contesting respondents filed Revision No.191 of 1999-2000. Additional Commissioner, Chitrakootdham Mandal Banda allowed the revision on 27.05.2000 and set aside the order of the trial court dated 02.02.2000. The petitioner has challenged the order dated 27.05.2000 through this writ petition.

(3.) I agree with the trial court that for seeking declaration and partition, there is no limitation still if the entire land in dispute or part thereof is pond then parties cannot seek any declaration or usurp that among themselves through partition.