LAKSHMI PRASADS Vs. KRISHNA DEVI

JUDGEMENT

(1.) This is defendants' revision filed under Section 115 of the C.P.C. against the judgment and order dated 26.11.98 passed by Civil Judge. Senior Division, Bahraich, whereby issue Ncs. 7, 13 and 14 have been decided in favour of the plaintiff-respondent and issue No. 12 has been directed to be decided after production of the evidence by the parties.

(2.) Relevant facts of the case giving rise to the present revision are that the plaintiff-respondent Smt. Krishna Devi filed Original Suit No. 34 of 97 for partition of the property in dispute and for permanent injunction, in the Court below. It was pleaded that the property in dispute, which has been described in Schedule A & B appended to the plaint, was joint Hindu family property, which was not partitioned. In the property In dispute, the plaintiff-respondent claimed 1/2 share on the basis of the pedigree given in the plaint, and further prayed for permanent injunction against the defendants-applicants restraining them from interfering in the joint possession and from ejecting her from the property in dispute till the same is partitioned by metes and bounds. Prayer for injunction restraining the defendants from raising any construction in the property in dispute was also made.

(3.) The defendants-applicants filed written statement admitting the correctness of the pedigree given in the plaint, but contended that some of the disputed properties were not ancestral, technical and legal pleas regarding Jurisdiction of the civil court to entertain the suit, bar of Section 331 of U.P.Z.A. and L.R. Act as well as territorial jurisdiction of the Court below, were also taken.