SMT. NASSEUNNISA BEGHUM Vs. KUNWAR YASMIN ALI KHAN

JUDGEMENT

(1.) This appeal under Sec. 96 of Civil Procedure Code is directed against the judgment and decree passed by the Additional District Judge, Court No. 2, Agra dated 24.8.2012, whereby plaint filed in Original Suit No. 540 of 2007 has been rejected in respect of property described in Schedule-E of the plaint. Court below has consequently allowed the application filed on behalf of defendant no.1 (Paper No. 165-C), under Order-7 Rule-11 (d) of Civil Procedure Code holding that the suit in respect of property shown in Schedule-E, is not maintainable before the Civil Court. In respect of other properties, the suit remains pending. Aggrieved by such determination, plaintiff-appellant is before this Court in the present appeal.

(2.) Shorn of unnecessary details, it transpires that plaintiff-appellant instituted Original Suit No. 540 of 2007 with the allegation that she is the owner of suit property, disclosed in Schedule A, B & E. Paras 1 to 4 of the plaint is reproduced :-

(3.) That properties mentioned at item no.1 to 28 in Schedule A of the plaint lie within the limits of town area Sadabad, District Hathras. In the above properties part is abadi land with constructions existing thereon and part is agricultural holding.