SHAMKALABAI Vs. BHIKAMSING KISHANSING CHOUVAN

JUDGEMENT

(1.) This appeal is filed against the judgment and decree of Regular Civil Appeal No.196 of 1985 which was pending in the Court of the Additional District Judge Beed. The appeal filed by the respondent - defendant against the judgment and decree of Regular Civil Suit No.43 of 1980 is allowed by the First Appellate Court. The trial Court had given judgment and decree of permanent injunction in favour of appellant/ plaintiff and that decision is set aside by the First Appellate Court. Both the sides are heard.

(2.) The plaintiff is wife of brother of the defendant.

(3.) It is the case of the plaintiff that the suit property was purchased by her from the funds given by her father, under registered sale dated 19-1-1975. It is her case that from the date of purchase she has been in possession of the suit property as absolute owner. It is her case that she has spent Rs.9,000/- to 10,000/- for improving the quality of this land. It is her case that the defendant is falsely contending that the suit property is Joint Hindu family property of defendant and his brothers. It is contended that the defendant is trying to disturb the possession of the plaintiff over the suit property. Relief of permanent injunction was sought by the plaintiff / appellant.