SAKUNTALA DEVI Vs. KAMLESH

JUDGEMENT

(1.) Heard learned counsel for the appellant. This is defective time barred second appeal. Heard on point of disposal of delay condonation as well as on point of application admission of appeal.

(2.) The plaintiff had filed suit for permanent injunction against sole defendant, her real sister. The plaint case in brief was that she is exclusive owner of disputed property and defendant is unauthorizedly attempting to interfere in plaintiff's possession, therefore, defendant be restrained by means of permanent injunction. In written-statement, the defendant denied the plaint averments and pleaded that disputed property belonged to the father of the parties, and after his death the plaintiff and defendant became the co-owners of equal half share each in disputed property. Plaintiff had filed suit on basis of incorrect facts and is liable to be dismissed.

(3.) After affording opportunity of hearing to the parties, the Additional Civil Judge, Senior Division Addl. Judge/Small Cause Court, Aligarh had dismissed the suit by its judgment dated 26.08.2014 with the finding that plaintiff and defendant are joint owner of half share each of disputed property and are in joint possession. The plaintiff had failed to prove her case of exclusive ownership and suit is liable to be dismissed.