SHIKHA AGRAWAL Vs. SNAJEEV GARG

JUDGEMENT

(1.) The instant appeal under Sec. 96 CPC has been preferred by the plaintiff against judgment and decree dtd. 3/12/2022 passed by the court of Civil Judge(Senior Division) / FTC, Ghaziabad in O.S. no. 782 of 2021 Smt. Shikha Agrawal Vs. Sanjeev Garg (Deceased) through LR's whereby, the plaintiffs suit has been rejected under Order 7 Rule 11(d) CPC on the ground that plaintiff has sought the relief of declaration and permanent injunction regarding immovable property which is an agricultural land, which can only be granted by revenue Court.

(2.) Factual matrix is that the plaintiff Smt.Shikha Agrawal filed O.S. no. 782 of 2021 against his real brother Sanjeev Garg(died during pendency of suit) with the averments that their father Satyaprakash Garg died on 12/5/2009 leaving behind his wife Smt. Premlata Garg, daughter Shikha Agrawal(plaintiff) and son Sanjeev Garg(defendant) as his legal heirs. It was further averred that the defendant died during pendency of suit on 8/3/2022 leaving behind his wife Smt.Vandana Garg and sons Shaurya Garg,Dhairya Garg. Smt.Premlata Garg also died on 22/3/2020. She further averred that on the death of her parents, she and the legal heirs of deceased defendant became the joint owners of all movable and immovable property left behind by her parents, in which she is having 1/2 share.

(3.) The plaintiff further averred that at the time of the death of her parents, they were having the following immovable properties:-